NARAYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.1.1982 passed by learned Sessions Judge, Bikaner convicting the accused appellant of offence under Sec. 304 Part-I I.RC. and sentencing him to 4 years Rl and to pay a fine of Rs. 500.00 and in default of payment, to further undergo 4 month's Rl.

(2.) The prosecution case is that deceased Ahmed was having illicit relations with RW. 8 Smt. Bal Kanwar W/o accused Narayan Singh. On 31st July, 1980 at about 12 or 1 p.m. on hearing the cry, Sakina mother of the deceased wife of Ahmed Bashira and daughter Gulshan reached to the spot. It was disclosed that 3 accused persons namely, Narayan Singh, Bhanwar Singh and Deep Singh were giving beating to Ahmed with Barchi, Lathi and Kuihadi. Inspite of intervention of Mst. Sakina, the accused persons did not stop giving beating. Sakina and Gulshan took Ahmed in the house, where he succumbed to the injuries. The case was registered at Police Station Nokha for offence under Sec. 302 I.RC. The autopsy was conducted by Dr. Nathmal RW. 1. He found following injuries on the person of decesed Ahmed vide Post-Mortem Report Ex. 1 -

(3.) The prosecution, in its support examined 9 witnesses and produced certain documents. The accused in his statement under Sec. 313 Code Criminal Procedure stated that on 31st July, 1980 he left Bikaner after completing his duty. He reached to his house at about 11.30-12.00 p.m. in the night. On entering in the house, he saw accused Ahmed committing rape on his wife. He immediately lifted the Danda lying there and gave 2-4 blow to Ahmed. Ahmed left for his house. He also stated that he acted so out of anger. Two witnesses namely, Mangha Singh DW/1 & Asu Singh DW/2 were produced to prove the plea of alibi of second and third accused plea of alibi before the Trial Court.