KHEM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by Khem Singh against the judgment passed by the Sessions Judge, Udaipur on April 17, 1972 by which he convicted the appellant for the offence Under Section 302, Indian Penal Code and sentenced to imprisonment for life for the murder of his own cousin Asu Singh.

(2.) The deceased Asu Singh alias Asiya and the appellant were cousins. On the day of incident, that is, August i2, 1971 at about 12 noon both of them were grazing their bullocks in Bor-Ki-Kudi-Ki Magri. The bullocks belonging to, Khem Singh entered the 6eld of Asu Singh for grazing. Asu Singh compaired to Khem Singh that he has put his bullocks in his field Khem Singh asserted that the field also belonged to him. This verbal altercation turned into grappling between them. Mst. Bhoori (PW. 2) and Mst. Dakhu (PW. 3), who were present nearby in their fields, asked them not to fight. The deceased and the appellant then separated. Asu Singh went down the hillock and Khem Singh climbed up the hillock. While climbing up Khem Singh abused Asu Singh, whereupon Asu Singh went back towards Khem Singh with a, stick lathi) when Asu Singh reached near Khem Singh, Khem Sinih gave a blow with an axe on the right side of the neck of Asu Singh with an axe which Khem Singh had with him. Asu Singh turned back to go down the hillock but fell down and died Mst. Bhoori (PW. 2) and Mst. Dakhu (P.W. 3) raised an alarm which attracted Kana, who also reached there. Mst. Dakhu (PW. 3) narrated him that had happened Kana went to inform Puran Singh, the father of Asu Singh, at his house but he was not available there. One Panna Singh also went to inform Puran Singh, and while he was going he met Prem Singh (PW 1) in the way and told him that Asu Singh was lying dead at Bor-Ki-Kudi and that he was going to inform Puran Singh. While they were talking Puran Singh, father of deceased Asu Singh, happened to come there. Panna Singh took Puran Singh with him and they reached the spot. Prem Singh first went to his house to leave his bullocks there and there after he also went on the spot. Puran Singh sent Prem Singh to lodge the report at the Police Station, Bhim and he accordingly lodged the report which is Ex. P.3. The Police reached the spot prepared the Panchnama, site plan etc. It also took in its possession a pair of shoes, a small 'lathi' stick, a turban and a 'chilam' lying on the spot. The autopsy of the dead body of Asu Singh (deceased) was performed by Dr. Kesarimal Solanki on August 23, 1971. His statement which was recorded in the committing court is Ex. P.10, The post-mortem report is Ex. P. 1. The appellant was arrested on August 24, 1971. At the time of his arrest an axe was with him. This axe and the 'dhoti' and the turban which he was wearing at that time were also taken into possession by the Police. The appellant was sent to the judicial lock-up on August 25, 1971 and his confessional statement was recorded on August 30, 1971 by the Sub-divisional Magistrate, Bhim which is Ex. P. 11.

(3.) The appellant was charged & tried for the offence Under Section 302, Indian Penal Code. He pleaded not guilty. As many as 11 witnesses were examined by the prosecution. Mst. Bhoori (PW. 2) and Mst. Dakhu (PW. 3) are the eye-witnesses to the occurrence. PW 5 Kana who reached the spot soon after the occurrence has deposed that he was told by Mst. Bhoori that it was the appellant who has killed Asu Singh. The statement of the doctor recorded in the committing court-Ex p. 10, the confessional statement of the accused before the Sub divisional Magistrate Ex. P. 11 and the statement of the accused before the committing court Ex. P. 12 were also tendered in evidence.