ROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by Roopsingh against the judgment of the learned Sessions Judge, Balotra dated 23. 9. 74 by which, the appellant was convicted under section 302, I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-, in default of payment of fine, to further suffer rigorous imprisonment for one month.

(2.) THE prosecution case against the appellant was as follows: Roopsingh appellant was grazing his she-goats near the boundary wall of his field on 30. 5. 73 at about 5. 30 p. m. On the boundary wall of his field, there was a tree of Arana. When the appellant was trying to cut branches of this tree, Bhuribai deceased came there having iron pan in her hand. On seeing the appellant cutting the branches of Arana tree, she asked the former why he was cutting the branches of a tree which was standing in her field. THE appellant replied that the tree was standing in his field and so he was cutting its branches. THEreupon, Mst. Bhuribai deceased caught hold of the shirt of the appellant and pulled it as a result of which, the shirt was torn. This led to exchange of pushes and grappling between the two. THE appellant thereupon struck a violent blow with his axe on the neck of Mst. Bhuribai and immediately thereafter, inflicted another blow on her head with the same axe. THE result of these two injuries was that Mst. Bhuribai fell down and her injuries began to bleed profusely. THE appellant also received stains of blood on his shirt, axe and its wooden handle. Mst. Bhuribai shortly afterwards succumbed to her injuries there and then at the spot. When the appellant was striking blows on the body of Mst. Bhuribai, Oatsingh had come there to rescue the victim of assault but out of fear of being beaten by the appellant, he ran away from there. This incident was eye-witnessed by Balwantsingh, Chothia and Bharatia from some distance. After Mst. Bhuribai had died, Roopsingh appellant rushed to the police having the axe in his hand. In the way, he met Amarsingh to whom he disclosed that he had killed Kansingh's mother with the axe and next it was the turn of Kansingh to be killed. Roopsingh then went to police-station Siwana and made a verbal report of the incident to the police the very day at 6. 40 p. m. and produced the axe.

(3.) THE prosecution examined Balwant Singh P. W. 7 also in support of its case but, in our opinion, Balwant Singh was not an eye-witness to the actual commission of the crime, because he could not see the appellant striking blows on the body of the deceased from a distance of 126 panwadas which are equal to 252 paces. Apart from this. Balwant Singh admitted that he was informed about the occurrence by his brother Oat Singh. Oat Singh also testified to this fact by stating that Balwant Singh came to know about the occurrence only when he had received information from him (Oat Singh ). Consequently, we differ from the learned Sessions Judgd that Ba!want Singh also had seen the appellant committing the crime. As stated earlier, the guilt of the appellant has been conclusively established by cogent and unimpeachable evidence of Oat Singh P. W. 1, Bharatia P. W. 8 and Chothia P. W. 9 eye-witnesses whose evidence does not suffer from any infirmity.