KAN SINGH & ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Addl. Sessions Judge, by his Judgment dated 30.10.1972 has convicted the appellant Kan Singh for the offence under Sec. 302 I.P.C. and the appellant Mst. Chhagan Kanwar for the offence under Sec, 302 r.w. Sec. 34 I.P.C. and sentenced each of them to imprisonment for life for committing the murder of Phool Singh resident of Bhudoli, Police Station Neem-ka-thana.

(2.) The prosecution case as revealed during the investigation and trial, in brief, that there is a Haveli known as Baba-ji-ki-Kothri wherein deceased Prabhu Singh, accused Ran Singh along with his wife Mst. Chhagan Kanwar, Nathu Singh PW.7, Amar Singh PW. 6 used to reside. The inquest report Ex. P/2 was prepared by Sub-Inspector Zaber Singh. Shirt and Banyan Ex.A.l and Ex. A 2 respectively and Dhoti Ex. A.3 were taken off the dead body of Prabhu Singh vide seizure meme Ex P/3. Autopsy on the dead body of Prabhu Singh was performed by Dr. Raghubir Singh PW. 11. The following external injuries were found on the dead body of Prabhu Singh:-

(3.) Post-mortem report is Ex. P/5. In the opinion of the doctor the cause of death was shock due to bleeding and destruction of brain material caused by aforementioned multiple injuries on the skull. The site was also inspected and the site memo Ex. P. 6 was prepared. The blood-stained soil beneath the cot (on which deceased was sleeping at the time of the alleged occurrence) were also taken into custody by the Investigating Officer. The appellants were arrested from their room situated in the same Haveli. Appellant Kan Singh voluntarily gave information Ex.P. 9. while in police custody, regarding concealment of the alleged weapon of offence and at his instance and information axe Ex. A. 5 were recovered from his room and the recovery memo Ex. P/10 was prepared. The axe was sealed. The axe Ex. A. 5 blood-stained Gudari Ex. A. 4, Chadar Ex. A. 6, shirt, dhoti and banyan of the deceased Ex. A. 1 to Ex. A. 3 respectively and the blood smeared soil were sent to the Chemical Examiner, Rajasthan Jaipur, who received the same intact and sealed. The Chemical Examiner and the Serologist vide their reports Ex. P/14 and Ex. P/15 respectively opined that all the aforementioned articles were positive for human blood. After completion of the necessary investigation, the appellants were challaned in the court of the Addl. Munsiff Magistrate, Neem-ka-thana, who after conducting the preliminary inquiry under section 207-A Cr. P. C. 1898 committed them for trialto the court of the Additional Sessions Judge, Sikar. The Addl. Sessions Judge, Sikar, after trial, convicted, and sentenced the appellants as mentioned above. Hence this appeal.