KHIV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant Criminal Appeal, the accused appellant Khiv Singh has challenged his conviction under Section 302 IPC and sentence of life imprisonment alongwith a fine of Rs.1000/- & in default, to further undergo three months' S.I., recorded by the learned Addl.Sessions Judge (FT), Parbatsar vide his judgment dated 8.1.2004, passed in Sessions Case No.113/02 (43/2001).

(2.) Facts leading to this appeal are that the FIR, Ex.P.1., was lodged at Police Station, Parbatsar, Distt.Nagaur, on 10.6.87, wherein it was alleged by Durga Singh that his uncle Lal Singh has been killed by nine persons including the present appellant Khiv Singh with lathis with a common object. He also stated in the FIR that one Bhanwarlal s/o Modu Ram was having 'Pharsi' in his hand and cited three persons viz; Jetha Ram, Jai Singh and Jan Kanwar as interveners in the crime. Upon this report, the police registered a case u/ss.147, 148, 149, 302 & 120B IPC and commenced investigation. The autopsy of deceased Lal Singh was conducted. After investigation, the police filed challan against 7 accused persons. However, the challan was filed u/s.299 CrPC against two accused viz; Bhanwarlal s/o Sukhdev and the present accused appellant Khiv Singh. Learned trial Judge proceeded with the trial against 7 accused viz; Rekha Ram, Puran Singh, Bhanwar Singh, Bhanwara Ram s/o Pusa Ram, Bhanwara Ram s/o Modu Ram, Babulal and Gajendra Singh. The charges were framed against the accused u/ss.147/148 and 302/149 IPC. After trial, all the seven accused were acquitted by the learned Sessions Judge, Merta vide his judgment dated 30.6.93 passed in Sessions Case No.46/88.

(3.) Thereafter, accused appellant Khiv Singh was arrested on 14.9.2001. The supplementary chargesheet was filed against him in which there was reference of the death of one of the accused, who was also absconding, viz; Bhanwarlal s/o Sukhdev. Accused appellant Khiv Singh was charged u/ss.147/148 and 302/149 IPC, to which he pleaded not guilty. The prosecution examined 11 witnesses but the last witness is PW 12 because numbering of some of the witnesses was given doubly. The statement of accused Khiv Singh was recorded u/s.313 CrPC. He led no defence. After hearing the arguments, the learned trial Judge convicted accused Khiv Singh u/s.302 IPC and sentenced him as above, against which this appeal has been filed.