SHERSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 17.7.92 passed by Sessions Judge, Churu in sessions case No. 105/92 (96/91), whereby the appellant was convicted for offence u/s. 302 IPC and sentenced to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer one month imprisonment.

(2.) Precisely, the prosecution case is that on 24.6.92 at 2.30 a.m. informant Ramjilal made an oral report at Police Station, Siddhmukh to the effect that in the night he was sleeping in the chowk of his house, his neighbour Dharuram was sleeping on chabutari in front of his house and Shri Dulichand was sleeping on yet another chabutari in front of Dharuram's house. At about 12.30 a.m. he heard Dulichand shouting that Sher Singh has killed Dharuram by axe. According to the informant Ramjilal, he saw Shersingh running from by the side of the cot of Dharuram towards the east of the village saying that he has killed Dharuram. On Ramjilal and Dulichand raising the voice, Chhabilal and Hari Singh also came at the place of occurrence and saw that the blood was oozing out from the mouth, jaw, lips etc. of Dharuram. He was giving respiratory sound, which stopped in a short while and he died. He further stated that Dharuram who was elder brother of Sher Singh's father Juglal, was having huge property which he intended to invest in the temple and since Juglal etc. wanted to grab the property, out of enmity Shersingh has murdered Dharuram.

(3.) On the basis of the information received as aforesaid, the police registered the case for offence under Section 302 IPC and the investigation commenced. During the investigation, the police prepared the site plan, took possession of blood stained earth and cloth and shoes of the deceased. After inquest proceedings, the dead body of Dharuram was subjected to autopsy, necessary memos were drawn and statements of the witnesses were recorded. At the instance of the accused, axe, the weapon of offence, was recovered. Blood stained earth and cloths sealed in different packets were sent to Forensic Science Laboratory, Jaipur.