BACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated September 9, 1982 passed by the Additional Sessions Judge, Raisinghnagar by which appellant Bachan Singh was convicted under sections 302 and 201 I.P.C. and sentenced to imprisonment for life and a fine of Rs. 100/-, in default of payment of fine to undergo one months R.I. on the first count and three years R.I. and a fine of Rs. 100/-. in default of payment of fine to undergo one months R. I. on the second count.

(2.) Briefly stated the facts of the case giving rise to the trial and conviction of the appellant and the present appeal are as under:

(3.) Deceased Ramzan was the partner of Contractor Abdul Majid (P. W. 13) of Bikaner and was doing the work of a Mystery. There was contract for construction of B.S.F. quarters at Anoopgarh which was supervised by Rarnzan and he used to visit Anoopgarh once a month. On January 31,1981 Rarnzan went to Anoopgarh from Bikaner from a Bus in connection with the construction work and to give one Draft to the Assistant Engineer. He gave the paper to Vishwa Nath, Assistant Engineer (P. W. 10) and is said to have then gone towards the dhaniT of appellant Bachan Singh. As he did not return to Bikaner, Abdul Majid enquired about him PW 4, Phoosa Ram Chowkidar who had gone to Bikanr informed Abdul Majid (P.W. 13) that Ramzan was last seen on January 31,1981. Abdul Majid went to Anoopgarh and met Gulam Farid Munshi (P.W. 9) and Gulam Farid Munim and came to know from them that in the evening of 31st January they had seen Ramzan going towards the Tdhani of Bachan Singh and thereafter he was not seen. On 5th in the morning Abdul Majid lodged report at Police station Anoopgarh before the Station House Officer Umed Singh (P.W. 14). The report reduced into writing is Ex. P/36. The S.H.O. alongwith Abdul Majid and others went to the dhani near the land of Bhwan Singh Kangra in which Bachan Singh is said to be residing. The door of the dhani was locked. Mahendra Singh brother of Bachan Singh, took out the key from a hearth outside the dhani and the lock was opened. On entering inside a portion of the dhani was found to be recently plastered. Some blood stains were found on the wall. There was also blood spot on - a wooden slab fired in the wall and also on the leg and the moonjT of the cot lying there. The S.H.O. took in possession the scrap of the blood stained earth. The wooden slab, the leg and the piece of the moonj of the cot, one glass bottle with blood stains on it and sickle with blood stains on it, were taken in possession. One ticket No. 002067 of Bus from Bikaner to Anoopgarh found outside the dhani was also taken in possession. The S.H.O. prepared the site plan and site inspection memo of the Tdhani and the area outside it. On January 16, 1981 P.W. 15 Dev Kishan S.I., Second Officer of the Police Station Anoopgarh apprehended Bachan Singh at Railway Station and took him to Police Station and entrusted him to S.H.O. Umed Singh at about 9.15 A.M. limed Singh arrested the appellant vide memo Ex. P/34. At the time of his arrest, the appellant had one khes (Chader) which had blood spots at certain places. The khes Ex. 7 was taken in possession vide Memo Ex. P/35. The appellant under arrest furnished information Ex. P/38 to the S.H.O. for getting recovered the dead body of Ramzan Mistry. The S.H.O. took the appellant to his dhani. The appellant pointed out the place. Hazi Nizamuddin and Abdul Gdfar dug the land and took out the dead body of Ramzan. The recovery memo of the dead body is Ex. P/39. At the instance of the Police, Harish Kumar (P.W. 5) took photos Ex. P/3 to Ex. P/13. The Inquest report and Panchayatnama of the dead body were prepared. The shoes of Ramzan lying there were also taken in possession. At the request of the police Dr. Jagdish Yadav (P.W.l1) reached the site and conducted the postmortem-examination of the dead body of Rarnzan. The Doctor noted one incised wound 6 X 1/2 X 3 oblique in direction on the neck, face and ear of Ramzan. The cause of death according to the Doctor was shock and haemorrhage due to grievous injury. In the opinion of the Doctor the injury was sufficient in the ordinary course of nature to cause death, and duration of death was within 5 to 7 days. The postmortem examination report is Ex. P133. Bachan Singh furnished information about getting recovered one watch from the chhappar where cattle were tethered. In pursuance of that information Bachan Singh took the watch from the chhappar and the S.H.O. took it in possession vide memo Ex. P/30. On February 7,1981 Umed Singh, S.H.O. proceeded on casual leave entrusting the investigation to Dev Kishan S.1. while in custody Bachan Singh on February 11,1981 furnished information to S. J. Dev Kishan for getting recovered blood stained earth from near the dhani on February. 12, 1981 and recovered the scraps of earth. On February 12, 1981 Bachan Singh also furnished information Ex. P/42 for getting recovered an axe placed near the dhani. The S.H.O. recovered the axe at the instance of the appellant vide memo Ex. P143. Narpat Singh (P.W. 1) Head Constable and Incharge of the Malkhan gave all the sealed Packets of the articles so recovered to Krashan Kumar Constable of Police Station. Anoopgarh on February 14.1981 who took them to the Chemical Examiner, Jaipur. The report of the Chemical Examiner is Ex. P/45 and that of the Serologist is Ex. P/46.