- (1.)THIS is an appeal on behalf of the State against the judgment of the Additional sessions Judge, Jodhpur, by which he acquitted Shiv Singh respondent of a charge under Section 302, I. P. C.
(2.)THE prosecution case is that the respondent Shivsingh murdered his own son mohan in the early hours of the morning on the 24th of February 19s7. The motive for the murder is said to be that the deceased did not comply with the wishes of his father in making a compromise with his maternal grand-mother Mst. Shivi and in spite of the strong objection on his behalf, he entered into a compromise with her on the 20th, of February, 1957. The litigation was about some immoveable property and under the terms of the compromise, it was partly held to be of Mohan and partly of Mst. Shivi. The accused tried to persuade Mohan to go back on the compromise. To this the deceased did not agree. The accused thereupon threatened to skill him and made up his mind to do so and with that end in view, he purchased a sword for Rs. 3/-from a kabari Dildar Khan on the 23rd of February 1957. He took that sword to Badri Lal for sharpening and got it sharpened on payment of annas eight. The accused and his son Mohan with his wife resided in a house at Ratanada in jodhpur City. This house belonged to Mst. Shivi who also resided in it. Mohan used to sell milk and for that purpose he kept a number of she-buffaloes in a nohra a little distance from the house in which he resided. Mohan went from his house to the nohra early in the morning to much the cattle with one balti (bucket) and a lantern. It is alleged that the accused finding it to be a suitable opportunity for killing his son went to the nohra and inflicted a number of injuries to him with the sword. With one blow he wholly severed off the head from the trunk and with another blow he severed off the right hand at wrist joint and inflicted a number of other incised wounds which are entered in the post mortem examination report (Ex. P/11 ).
(3.)THE prosecution case is that this murder was witnessed by Mst. Kamala, wife of the deceased who is alleged to have gone to the nohra to supply him a pot for the purpose of measuring the milk which her husband had forgotten to take with him when he went to the nohra. After murdering his own son, the accused went away to the room in the house. He brooded for sometime over the whole affair and then ultimately made up his mind to report the matter to the police With this purpose he locked his own room and went to the Police Station, Jodhpur City with the blood stained sword. On his way to the Police Station, he purchased some wine from a liquor shop and drank part of it. It was very early in the morning that the accused reached the Jodhpur Police Station. Mr. J. K. Balani, the Assistant superintendent of Police had his residential quarters in the Police Station building and he was awakened by Dalpat Singh Constable on the accused asking him to do so. He saw the accused standing with a naked sword which had marks of fresh blood on it. The accused is said to have told him that he had killed his son and had come to surrender. The Assistant Superintendent of Police then got the first information report recorded by Nathi Raj Head Constable. This is a detailed document in which the motive of the murder, the story of the purchase of the sword for the purpose of murdering and getting it sharpened and then the story of the actual commission of the offence are narrated. The accused was at that time wearing a dhoti, a green woollen coat, a shirt and canvas shoes on his feet. The dhoti and the coat and the shoes had blood stains on them. In the presence of moatbirs all these things were taken possession of by the Police. The lower portion of the sword was blood stained to the extent of l'-4 1/2" from the bottom side so that portion was wrapped with a piece of cloth and a seizure memo was prepared relating to the sword, which is Ex. P/3 on the record. The canvas shoes (Ex. 1), the quarter bottle (Ex. 2) the coat (Ex. 19) and the dhoti were also seized from him and the recovery memo. (Ex. P/4) was prepared relating to this seizure. From the possession of the accused a diary was recovered which contained a receipt of the purchase of the sword. This receipt is Ex. 3. Then the Assistant superintendent of Police went to the nohra in Ratanada. Inside that nohra he found the dead body of Mohan. The head was lying outside the garage, while the body was inside it. A bucket (balti) containing some milk was also lying there. The dead body was sent for post mortem examination to the Mahatma Gandhi hospital, Jodhpur and the post mortem examination was performed on the 24th of february, 1957. Besides the injury on the neck, there were nine other incised wounds on various parts of the body and the death was due to haemorrhage and severing of the neck.
;