KANTA BHATNAGAR, J. - (1.) APPELLANT Nawla had been tried by the learned Additional Sessions Judge, Pali for the offence under Section 302 Indian Penal Code and by the judgment dated 12 -7 -76 was convicted for that offence and sentenced to imprisonment for life.
(2.) BRIEFLY stated the facts of the case leading to the trial of the appellant are that on 26 -6 -73 at about 4.15 P.M. Bhim Singh (PW 9) lodged on oral information at Police Station, Sojat -City to the effect that he was informed by Dhagal Singh (PW 8) that Nawla had murdered Lalsingh, younger brother of the informant in the jungle of village Molawas. Umedsingh (PW 12) Station House Officer, Sojat -City got the information reduced into writing by the Assistant Sub -Inspector which is Ex. P. 1 and a case Under Section 302 I.P.C. was registered against the appellant. The Station House Officer left for the site immediately and reached the grazing land (gocher -land) at village Molawas. He in the presence of Ramsingh, Nabu Khan and Sursingh inspected the site at the instance of Kirpa (PW 1). The dead body was found lying beneath a 'Khejri' tree. Necessary investigation at the site was completed on the next day. On 27 -6 -73 Dr. Narpat Raj Kaveria (PW 6) conducted they autopsy over the dead body of Lal Singh at 11.30 a.m. and prepared the postmortem examination report Ex. p. 10. The blood stained earth, trie pieces of the bark of 'Khejri' tree and the blood stained clothes recovered from the dead body of Lalsingh were sent for chemical examination. The report of the Chemical Examinor is Ex. P. 3 and that of the Serologist is Ex. P. 14. The articles were found to be stained with human blood. Appellant Nawla was not traceable and, therefore, the Station House Officer, Sojat City filed the charge -sheet against him under Section 512 Cr. PC (old) Thereafter on 23 4 -74, after the arrest of the appellant completed charge -sheet was filed in the Court of Munsif Magistrate, Sojat. The learned Magistrate finding a prima facie case exclusively triable by the Court of Sessions, committed the appellant to the Court of Sessions Judge, Pali to stand his trial. On being charge -sheeted for the offence under Section 302 Indian Penal Code, the appellant pleaded not guilty and claimed to be tried. To substantiate its case, prosecution examined sixteen witnesses in all and placed reliance on twenty six documents. In the statement Under Section 313 Cr. PC the appellant totaly denied the allegations levelled against him and stated that he had gone to his father -in -law's house where he was informed about a false case being lodged against him and there after he was at Ratlam where he was apprehended by the police. According to him he was not on good terms with Dhaglia Mali (PW 5) to whom he had advanced a loan of Rs. 200/ -. Mana Mali (PW 3), another prosecution witness also bore enmity with him. According to him the deceased Lal Singh had illicit relations with his niece Samdari daughter of Bhola, and, therefore, the latter was on inimical terms with the deceased He examined four witnesses to substantiate his contention. The learned Additional Sessions Judge placed reliance on the prosecution evidence and held the appellant guilty for the murder of Lalsingh and passed the judgment of conviction as stated above.
(3.) BEING aggrieved by his conviction and sentence the appellant has preferred this appeal through the Superintendent, Central Jail, Jodhpur in this Court. Mr. Doongar Singh, Advocate has appeared on his behalf.;