N.N.MATHUR, J. - (1.) THIS appeal is directed against the judgment dated 18.12.1996 passed by the Additional Sessions Judge, Nohar Camp Bhadra convicting the appellant of offence Under Sections 302 and 458 I.P.C. and sentenced him to imprisonment for life and to pay a fine of Rs. 1000/ -; in default of payment to further undergo six months simple imprisonment. The appellant has also been convicted for offence Under Section 458 I.P.C. and sentenced to 5 years rigorous imprisonment and to pay a fine of Rs.500/ -; in default of payment to further undergo one month simple imprisonment.
(2.) APPELLANT Dugad Singh and two other accused persons Hanuman Singh and Laxman Singh since acquitted were put to trial on the charge of murder of Chunni Ram. Briefly stated the prosecution case is that on 8.11.1993 at 2.00 p.m., P.W. 2 Kishana Ram lodged a First Information Report at Police Station, Nohar stating inter alia that in the night at about 10.00 P.M. he was at his residence along with his son P.W. 3 Dalip Kumar and brother Jagdish. His elder brother Chunni Ram was sleeping in the court yard ('Bakhal'). At that time they heard the out cry of P.W. 5 Mst. Geeta wife of his elder brother. They rushed towards the house of Chunni Ram and found that Dugad Singh, Laxman Singh and Hanuman Singh were running away from the 'Bakhal' of his elder brother. Other villagers namely Kami Singh, Bhadar Singh, Kalyan Singh, Hamir Singh, Pappu Singh etc. were standing in the street. Dugad Singh, Laxman Singh and Hanuman Singh were carrying 'Barchies' in their hand. Kami Singh, Bhadar Singh, Kalyan Singh, Hamir Singh and Pappu Singh were carrying lathies in their hand. He saw his brother Chunni Ram in the flash of the battery. His Bhabhi P.W. 5 Geeta disclosed that Dugad Singh, Laxman Singh and Hanuman Singh armed with 'Barchies' thrashed her husband Chunni Ram. His dead body was lying on cot in pool of blood. The out cry attracted the other villagers namely Lekhram Bhaiya, Bhuraram, Harpat Ram, Moman Ram Bhaiya etc. He also stated that about 20 -22 years back Hanuman Singh's brother Bakhtawar Singh was murdered on the occasion of Holi. In the said murder case his brother Chunni Ram, Sheoji Ram, Mamraj, Surja Ram etc. were tried. He stated that on account of the enmity Dugad Singh and others have committed the murder of his brother Chunni Ram. On this information, police registered a case for offence Under Sections 302, 458, 147, 149, 34 I.P.C. and proceeded with the investigation. Appellant Dugad Singh was arrested on 15.11.1993 vide Ex.P.16. In pursuance of the information given by him a bloodstained 'Barchi' was recovered. The police Laid a charge -sheet against appellant Dugad Singh for offence Under Sections 302, 458 I.P.C. The learned Additional Chief Judicial Magistrate by order dated 28.11.1994 took cognizance against accused Hanuman Singh for offence Under Sections 302 and 458 I.P.C. The trial court added the accused Laxman Singh by order dated 7.3.1995 to face trial for offence Under Sections 302, 458 I.P.C. This way the three accused persons including appellant were put to trial on the charge of murder of Chunni Ram.
(3.) ALL the three accused persons pleaded not guilty and claimed trial. The prosecution to prove the charge levelled against the appellant examined 8 witnesses and produced number of documents. The appellant and other accused persons in their statements Under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them. The trial court found that the~ entire case rests on the single testimony of eye witness P.W. 5 Mst. Geeta. He found her testimony not wholly reliable and rejected the same as against the accused Hanuman Singh and Laxman Singh. Accordingly, the learned Judge acquitted the accused Hanuman Singh and Laxman Singh of offence Under Sections 302/34, 458 I.P.C. However, the case of the appellant was distinguished with the two other accused persons on the ground that in addition to the statement of P.W. 5 Mst. Geeta, there is also an evidence of recovery of weapon of offence against him. Accordingly the learned Judge convicted and sentenced the appellant Dugad Singh as noticed above.;