HARI SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by accused Hari Singh, Nihal Singh and Manphool Singh is directed against the judgment dated Nov. 11, 1974 of the learned Sessions Judge, Jhunjhunu, whereby he convicted them under section 302 read with section 34 Penal Code and sentenced each of them to imprisonment for life.

(2.) Tersely speaking shorn of unnecessary details the prosecution story as disclosed at the trial is that accused Hari Singh was to be betrothed with the daughter of Jagniram, who was later on married to Kurdaram (since deceased). Hari Singh felt annoyed and conspired with other accused to commit the murder of Kurdaram.

(3.) Few days prior to the commission of the crime Kurdaram's sister Mst. Shanti went to her maternal uncles place. While coming back to her fathers place she inadvertently forgotten to bring her clothes. Kurdaram went to the house of his maternal uncle situated in village Gawali. After taking the clothes he started for his village. A day prior to the occurrence he was seen by PW 4 Vidhyadhar in the company of accused Hari Singh at nearly 10 a. m. on the outskirt of village Narhar. On the same day at nearly 6 p. m, PW 19 Hanuman and PW 5 Hukmi Chand saw all the three accused in the company of the deceased in the Bani of Khudiya. At that time they were drinking liquor. On the next day Kurdaram was of due lying dead at the same place. The villagers called Harlal Sarpanch, who gave a written report Ex. P/1 at the Police Station, Pilani on April 1, 1973 at 6.30 p. m. on the basis of which first information report Ex. P/2 was chalked out. After registering the case under section 302 Penal Code head constable Ram Singh reached the scene of occurrence. He prepared inquest report Ex. P/3, seized blood-stained earth vide Ex. P/5. A bag containing Kabja, Lahanga was also found lying near the dead body, which were also seized vide Ex. P/ 6. A blood-stained knife and a pair of shoes stained with blood were also found lying near the dead body, which were seized vide Ex. P/7 and Ex. P/8 respectively. The autopsy on the dead body was performed by PW 8 Dr. Bharat Singh on 2-4-1973. He found the following external injuries -