SHANKER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the Sessions Judge, Rajsamand in Sessions Case No. 155/94 on April 22, 1996. By the impugned judgment the learned Sessions Judge found the accused guilty of murder under Sec. 302 of the Indian Penal Code and convicted him and sentenced him to imprisonment for life for that offence.

(2.) The prosecution story, stated in brief, is that on November 8, 1994 at about 12 noon & first information report was lodged wherein it was averred by witness Sohan Singh that at about 8.30 in the morning when he was going to his field he heard commotion from the house of Shanker Singh the accused. When he went there he saw that his brother Jeth Singh was lying on the road outside the house of Shanker Singh .and was bleeding in his head. Hallu Singh, father in-law of Jeth Singh was trying to lift him. Hallu Singh told Sohan Singh that Shanker Singh came out of his house with a stick and hit Jeth Singh on his head by which blow Jeth Singh fell to the ground and after Jeth Singh fell on the ground two more blows were given by Shanker Singh on his head, in pursuance of this first information report investigation was conducted by the police and challan was filed prosecuting the accused under Sec. 302 of the Indian Penal Code.

(3.) The prosecution in support of its case examined 12 witnesses who proved certain documents, on appreciation of which documentary and oral evidence the learned Judge came to the conclusion of guilt and convicted the accused under Sec. 302 of the Indian penal Code. Of the 12 witnesses examined by the prosecution only Hallu Singh, father in- law of the deceased Jeth Singh is the eye witness and rest proved the attending circumstances and appreciation of which led the learned Sessions Judge to record the finding of conviction. Hallu Singh RW. 2 has given a very detailed description of the incident as it occurred. This witness states that when he along with his son-in-law Jeth Singh were going, Jeth Singh was walking ahead of Hallu Singh when Shanker Singh came out of his house and gave a stick blow on the head of Jeth Singh due to which he fell on the ground and after he fell on the ground two more blows were given to the fallen Jeth Singh by the accused and the head injury started bleeding and Jeth Singh became unconscious. He then states that hearing the commotion Babu Singh first came on the site followed by Dau Singh and then Sohan Singh. The witness narrated the entire incident to Sohan Singh in presence of Babu Singh and Dau Singh. In his cross-examination the witness has given the reason for being present at the time of the commission of the offence at the place where it was committed. He stated that he had come to call upon a bereaved family in village Chatar Pura. There is nothing in the cross examination of Hallu Singh even to suggest that the accused did not assault the deceased.