PRAVEEN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 17.6.16 of the Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases, Sirohi, whereby the appellant Praveen Singh @ Bhaya Singh S/o Arjunsingh, has been convicted for offence under Section 302 IPC and sentenced to suffer life imprisonment and fine Rs. 25,000/-; in default, to further undergo six months' rigorous imprisonment.

(2.) The prosecution story in nutshell as set out in the written report (Ex.P/7) submitted by complainant PW-3 Chunnilal before the SHO, Police Station, Pindwada is that on 21.10.13, at around 4.00 PM, his elder brother Shankarlal s/o Nenaram came home on motorcycle from Gadiya. After some time, Bhanusingh s/o Arjun Singh r/o Naya Sanwada with one another person came to Shankar's house on motorcycle and took Shankar along with them. The son of the Complainant's uncle Chhagan while returning home after grazing goats, at the rapat situated near Veerbavsi, he saw dead body of Shankar and also Bhanusingh and the person accompanying going from rapat towards Kantal. After coming home, Chhagan informed about the incident to complainant's brother Jesaram's wife Meera and Pinta s/o Shankar, thereupon, Jesaram and Jabarsingh Tempowala went to the spot and saw the dead body of Shankar. The complainant came to know about the incident at 6.00 PM when he returned home. He reported that his brother has been killed by Bhanusingh and the person accompanying him. It was stated that Chhagan know the person accompanied by face. As per the complainant, the accused persons have entered into altercation with the deceased Shankarlal earlier also.

(3.) On the basis of the written report (Ex.P/7) submitted by the complainant P.W.3-Chunnilal, the police registered FIR bearing No.362/13 (Ex.P/40) and investigation commenced.