KAMAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Kamal from the judgment of the Sessions Judge of Bharatpur, dated the 20th of June,1958 convicting the appellant under section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) THE prosecution case was that the deceased Shyamlal had illicit intimacy with Mst. Ketki, wife of Narain Singh Thakur and the mother of the accused Kamal for about twenty years and this fact was known to Narainsingh and his two sons Kamal and Tej Singh. Both Kamal and Tej Singh conspired to murder the deceased Shyamlal and Tej Singh got a 'pharsa' fixed in a stick about a week before the occurrence at the shop of Sonpal P. W. 9. During the night between the 28th and 29th of November, 1957, when Shyamlal was sleeping inside one of the rooms in his house, shown by No. 7 in the plan Ex. P. 2 the accused Kamal along with Tej Singh, Harkanna and Babu went inside the room where Shyamlal was sleeping and Kamal hit a blow on the neck of Shyamlal, causing a fatal injury, while Tej Singh and Harkanna held him by the waist and Babu remained standing to keep a watch. THE accused disappeared after causing the death of Shyamalal. Charan Singh saw them going away outside his own house when he came out to ease himself in the early morning at about 2 of 3 A. M. It is also stated that Lochan Singh saw the accused committing the murder of Shyamlal with the help of a torch from outside his Nohara which is adjacent to the house of the deceased Shyamlal. Charan Singh immediately sent Gordhan, his son, to inform Kirori, brother of the deceased about the murder of Shyamlal and Kirori reached the spot no sooner he received the information. Kirori collected a few Lambardars Of the village before he went to lodge the first information report at the police outpost of Hedawal and the along with the Lambardars gave a written report at Rudawal at about 7 A. M. on the 29th of November, 1957 THE first information report was sent to the police station Rupwas which is about 11 miles from Rudawal. THE police reached the spot at about 12 on the same day and sent for Dr. Sukhdeo who performed the post mortem examination of the dead body of Shyamlal on the spot on the 29th of November, 1957. He found a cut wound 5" x 4" x 2" behind the neck of Shyamlal. In the opinion of the Doctor, the death of Shyamlal was caused by haemorrhage on account of the said wound. THE police arrested Tej Singh and Harkanna on the 29th of November and Kamal on the 1st of December, 1957. A blood stained Pharasa was recovered at the instance of Kamal on the 1st of December, 1957, which was seized by the Police and sent to the chemical Examiner. THE report of the Chemical Examiner and that of the Serologist are positive for human blood on the Pharasa Article 34. THE accused Kamal, Tej Singh and Harkanna were challenged by the police under section 302 of the Indian Penal Code to the court of the Magistrate First Class, Bharatpur, who after enquiry, committed them to the. court of Sessions.