RAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant faced trial under Sections 302 and 201, IPC before the learned Additional Sessions Judge, Nohar and was convicted under Section 302, IPC and sentenced to Life Imprisonment and a fine of Rs. 1000/- and three years' imprisonment and a fine of Rs. 1000/- under S. 201, IPC by the judgment dated 3-1-1996. The same is assailed by way of this appeal.

(2.) The case of the prosecution is that Smt. Santokhi Devi is the wife of Ran Singh and the real sister of deceased Sultan. Sultan had five brothers out of whom Jagdish has agricultural land in village Jhiloda. This was being cultivated by Sultan. Some time in the end of February, 1994 Sultan and his son Rambhagat went to village Jhiloda in order to cut the crop from the field. They were staying with Santokhi. It is alleged that during the night in between 1st and 2nd March, 1994 Sultan after taking dinner went to sleep in a kotha with accused appellant. DW-1 Kalu is the maternal nephew of Santokhi was also staying in the house of Santokhi. Rambhagat, the son of deceased, went to the house of his uncle Jai Singh to sleep that night. Next day i.e. 2-3-1994 when Rambhagat came back he did not find his father and on inquiry he was told that abscess on the head of Sultan had burst and he had gone to Bhadra. Thereafter Rambhagat went to the field. Sultan did not return even in the evening. Then Rambhagat went to village Bhadra where he told to his uncle that Sultan had left. When he returned, the accused appellant told that he had done away with Sultan and in case he would tell it to anybody, he would also be killed. Then Rambhagat went to Delhi and brought his maternal uncle Satbir with him. He then reported the matter to the police on 10-3-1994 vide Ex. P/5. It may also be stated that one Amar Singh had reported to the S.H.O. Bhirani on 6-3-94 about disappearance of Sultan. Dead body of Sultan was found in a kund situated in the field of Risal Singh on 7-3-94 and report to this effect was made at the police station vide Ex. P/11 by Pratap Singh. The matter was investigated by Bhaglaram PW. 8 who arrested the accused appellant on 20-3-94. It is alleged that a kasia was recovered at the instance of the accused appellant on 21-3-1994 which had blood stains. The quilt and bedding of the deceased were also recovered from the room where he stayed at the instance of the accused appellant. After investigation, challan was submitted before the concerned magistrate who committed the accused appellant along with Smt. Santokhi to the learned Sessions Judge. Smt. Santokhi was charged with offence under S. 201, IPC but has been acquitted by the learned Sessions Judge and the accused appellant convicted as stated above.

(3.) We have heard the learned counsel for the accused appellant as well as learned public prosecutor and with their help reappreciated and scanned evidence.