LALOO Vs. STATE
LAWS(RAJ)-1952-7-19
HIGH COURT OF RAJASTHAN
Decided on July 17,1952

LALOO Appellant
VERSUS
STATE Respondents


Referred Judgements :-

BALIA VS. SARKAR [REFERRED TO]
NOJALI VS. SARKAR [REFERRED TO]
RAGGHA VS. EMPEROR [REFERRED TO]
MANOHAR SINGH VS. EMPEROR [REFERRED TO]


JUDGEMENT

Wanchoo, C.J. - (1.)This is an appeal by Laloo against his conviction under Section 302, Penal Code by the Additional Sessions Judge-of Banswara.
(2.)The prosecution case relates to the murder of one Chandu. This man was in the service of Saligram of village Khandu. It appears that, on the night between 24 and 25-12-1950, Chandu deceased, and Narain, brother of Saligram, were keeping watch over a field of theirs. At about 3 or 4 A. M., Narain came away leaving Chandu still sleeping in the field. The same afternoon at about 2.30 P. M., the body of Chandu was found lying dead in that very field. It appears that he had been injured with a sword, and a number of blows had been given on his neck and other parts of his body. Information was sent to the police, and investigation began soon after.
(3.)The appellant Laloo was arrested on the evening of 26-12-1950. Before that a sword had been found lying where the dead body of Chandu was in the field, while the sheath of the sword was also found at some distance from the place. It is further said that the shirt, which the appellant Laloo was wearing at the time of his arrest, was blood-stained. The alleged motive for the murder was said to be illicit connection between the deceased and the wife of the appellant. It further appears that the appellant remained in police-custody from the time of his arrest till 2-1-1951. He was put in the judicial lock-up on 3-1-1951, and a report was made for recording his confession. This confession was recorded on 11-1-1951, by Shri Jamnalal Laddha P. W. 12 at Kushalgarh. Thereafter, the case was sent to Court. The appellant retracted this confession in the Court of Session. In the Committing Magistrate's Court he was not asked anything about this confession, and therefore said nothing about it, but he pleaded that he had not committed the murder.


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