BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant has been convicted for causing murder of Kalu Singh under section 302 Penal Code for imprisonment of life and a fine of Rs. 200.00 in default, rigorous imprisonment for three months. Co-accused persons Moti Singh, Shanker Singh & Bhanwar Singh s/o Panney Singh were convicted under section 323 1PC and were given benefit of probation under the Probation of Offenders. Co-accused Guman Singh and Nathu Singh were acquitted. No appeal is filed by the State against Nathu Singh, Guman Singh Or by Mob Singh, Shanker Singh and Bhanwar Singh against their conviction. The present appeal is being filed by the accused-appellant Bhanwar Singh son of Panney Singh against the conviction under section 302 IPC.

(2.) The prosecution case in short is that on 26.10.1992 Guman Singh and Nathu Singh acquitted accused persons approached deceased Kalu Singh at his residence at village Atwal and took Kalu Singh alongwith them to see cattle fare. Bhanwar Singh PW 3 accompanied Kalu Singh and Gulab Singh PW 8, Shambhu Singh PW 4 and one Gul Singh followed them. When Kalu Singh reached Birothi, six persons, inclusive of Bhanwar Singh, the accused-appellant, surrounded Kalu Singh and attacked him. Bhanwar Singh accused-appellant was having a naked sword in his hand whereas the other persons had lathies. Bhanwar Singh inflicted injury on the head of Kalu Singh by the naked sword. Kalu Singh felt down. Bhanwar Singh tried to intervene and he had also received injuries at the hands of accused Moti Singh. Thereafter he was taken to the hospital and he succumbed to his injuries.

(3.) Kalu Singh succumbed to his injuries on 27.10.1992 at 5 a.m. A written FIR was lodged by Gulab Singh PW 8 on 27.10.1992 at '-Jaipur at 7 p.m. and it was then sent to Police Station Panrawa on 28.10.1992. Post-mor 'cern was conducted by Dr. Anis Ahmad PW 15 and his report is Ex. P/30. The doctor found one injury lacerated wound 5 x 1 cm, bony deep on vertex of skull and fracture on right parieto-frontal bones of skull and right temporal bone. The cause of death was recorded coma due to head injury. PW 15 Dr. Anis Ahmad has deposed that the cause of death is coma due to injury on the head and that injury was caused by blunt weapon. The nature of the injury is such that it could not have been caused by sword.