JASMAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant aggrieved of his conviction for offence of Section 302 I.P.C. and awarded sentence of life imprisonment with fine Rs. 1000/-; as per judgment dated 20.12.2002 by the Court of Additional Sessions Judge, Sangaria has preferred this appeal.

(2.) Briefly stated the incident and happenings as per prosecution is that on 29.3.2002, at 10.30 p.m. one Kuldeep Singh, aged 16 years, accompanied by his mother's sister's husband Najar Singh PW-5 arriving at Police Station, Sangaria orally informed that his father Shri Kaka Singh expired 6-7 years ago and he, his younger brother Mandeep PW-4 and mother Mst. Jaspal Kaur are living in their house at WN 1 Sangaria Jasmail Singh S/o. hider Singh R/o. Bhagatpura used to come there house who about 5-6 days earlier when came in a drunken state was asked by mother to not to come in such state and went away angrily. On this night 28.3.2002 at about 9 O'clock they were at their home and as mother went to neighbour Pappu's house for bringing milk, they suddenly heard loud voices of mother, so he and Mandeep came out then saw that just a little ahead in street, Jasmail Singh was inflicting blows to mother with a "Kapa" (a iron semi-cir-ular edged article with a handle) and when they approached near to their mother, Jasmail Singh ran after them so they crying entered in house of neighbour - then there also came Pappu and Jasmail Singh ran away. Kuldeep further stated that mother who was seriously injured at neck and hand with severe bleeding and on his call, she asked for water and then uttering them for taking care of sister (of Kuldeep) died. The report taken down in Rojnamcha at entry No. 1808 and F.I.R. bearing No. 204/2002 registered for the offence of Section 302 I.P.C.

(3.) In course of investigation, on 29.3.2002, the I.O. SHO PW-11 inspected site where in street body of Jaspal was lying in a pool of blood and nearby were lying her 'chappals' - place of occurrence was photographed - samples of blood stained and plain soil collected and sealed, separately sealed were chappals and worn blood stained Salwar and Jumfer clothes of deceased, prepared memos are Exs.P-6 to P-12. Post-mortem conducted at about 12 noon report is Ex.P-1.