DAYAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant appeal filed under Section 374 of the Criminal Procedure Code, the accused appellant Dayal Singh has challenged his conviction and sentences passed by the learned Sessions Judge, Pratapgarh on 27.2.1986 in Sessions Case No. 59/1983, which are as under : <FRM>JUDGEMENT_191_LAWS(RAJ)11_2009_1.html</FRM>

(2.) Brief facts leading to this appeal are that on 11.2.1983 at 2.30 P.M. Manji S/o Nanda Meena (PW-1) filed a written report Ex.P-1 that on the same day at 12 O' clock, Mammu Khan, his wife Shayari and sons Aziz Khan, Rustam Khan and Akram Khan came to clean and dig their strip of land, then Dayal Singh and his father Shambhu Singh came there. Dayal Singh was having a sword with him and he inflicted injuries on Aziz, Rustam and Akram, whereby Aziz Khan died on account of head injury inflicted with the sword. According to the F.I.R., there was dispute between Mammu Khan and their village Thakur accused Shambhu Singh over the disputed land for 3 to 4 years. The incident was witnessed by Mammu Khan, Shayari, Dali, Hasan, Nathu Meena. On hearing the cries, Manji came from his well to the spot, where Shayari and Mammu Khan narrated the incident and Mammu Khan and his wife Shayari send him to report the matter to the police.

(3.) Upon this report, the police registered a case under Sections 302, 307 read with Section 34 Indian Penal Code. and commenced investigation. The postmortem of the dead body of Aziz Khan was conducted vide Ex.P-21 by Dr. Ashok Kumar Chopra (PW-11), Medical Jurist, General Hospital, Pratapgarh. He also examined the injuries of Rustam Khan vide Ex.P-16, Akram Khan vide Ex.P-18 and of the accused Dayal Singh vide Ex.P-24. Accused Dayal Singh and Shambhu Singh were arrested by the police and on the information of the accused Dayal Singh, sword was recovered, site was inspected and blood-stained clothes and soil was recovered. Recovered articles were sent for chemical examination. On the same day at 3.00 P.M., accused Dayal Singh also made a report of the incident which was entered in the Rojnamcha, which is Ex.P-36. During the investigation, copy of the sale register (Ex.P-34) was also obtained from the Sarpanch, Gram Panchayat Gandher dated 30.3.1967.