V.P.TYAGI, J. - (1.) NARSINGH has filed this appeal against the judgment of the Additional Sessions Judge No. 1, Jodhpur, whereby the appellant has been convicted under Section 302, IPC, and sentenced to death, Criminal Murder Reference No 4 of 1974 has arisen out of this judgment for the confirmation of the death sentence.
(2.) THE prosecution case against Narsingh is that on the night between 15th and 16th of May, 1973, when Abhaysingh was sleeping at his 'dhani' known as 'dhani' of Bharatsingh Jasol in village Bhainsada, the accused inflicted injuries on his person with a sharp edged weapon. In the morning Narsingh came to PW. 5 Prabhu Singh, the real brother of Abhaysingh, and informed him about the condition of Abhaysingh. Prabhusingh went to the place where Abhay Singh was sleeping and found that he was breathing his last. Prabhusingh then went to the village and informed witness Lachmansingh Sarpanch and collected few other persons including Bhartsingh Singh, Sajjan Singh and Ramlal and brought them to the place of occurrence. By the time they reached the 'dhani' of Bharatsingh Jasol, Narsingh was dead. A report was then written at the instance of Lachman Singh (C.W. 1) and was tent with Prabhu Singh (P.W. 5) to the Police Station, Sankada, District Jaisalmer. On receipt of that report P.W. 6 Aman Singh, who was incharge of the police station; started for the place of occurrence, but he reached there late in the night and; therefore, could not start investigation In the morning Aman Singh prepared the inquest report and sent report Ex. P/13 to be registered as the first information report at Police Station, Sankada. The SHO. PW. 10 Shri Murlidhar after registering the case came to the place of occurrence and suspecting Narsingh as the murderer, arrested him After arrest Narsingh furnished an information to the SHO. vide Ex. P/14 regarding the axe the weapon of offence, concealed by aim in the 'bakhar' of his Jhumpa. In pursuance of that information the axe was discovered vide seizure memo Ex. P/6 form the 'bakhat' in the corner of a room belonging to the accused. This axe was found to be blood stained and, therefore, it was sealed and sent for chemical examination. At the time of the arrest a shirt Article 3 was seized from the body of the accused and having found that it contained blood spots, it was also sealed for being sent for chemical examination. Dr. Jitendra Kumar (PW. 1) performed the autopsy of the dead body of Abhaysingh and he found the following external injuries: (1) Incised wound 3 cm x 5 cm x 3 cm on forehead 4cm above on right eye brow. (2) Incised wound 1 cm x 5 cm x 3 cm on forehead parellel to wound No. 1. (3) Incised wound 5 cm x '5 cm x '3 cm on forehead 4 cm from bridge of nose. (4) Incised wound 15 cm x 3 cm shole depth of skin and bone of skull (brain matter coming out) from lateral angle of right eye brow. (5) Incised wound 15 cm x 3 cm x whole depth of skin and skull bone on scalp behind right ear (brain matter coming out). In the opinion of the doctor the cause of death was shock and rupture of membrance of brain and hemorrhage. The injuries, which were found on the body of Abhaysingh. were in the opinion of the doctor sufficient in the ordinary course of nature to cause death The 'Kulhari' (Article 1) and the shirt (Article 3), which were suspected to have blood spots on them, were sent for chemical examination and the result of the Chemical Examiner arid that of the geologist Is that both of them are positive for human blood. After Investigation accused Narsingh was challaned in the Court of Munsif Magistrate, First Class, Pokaran, from where he was sent to the Court of Session to stand his trial for murder of Abhaysingh.
(3.) THE prosecution examined 10 witnesses, but there was no eye witness to the occurrence and, therefore, the prosecution had to rely on circumstantial evidence, which, according to the prosecution, connects the accused with the act of murder. These circumstances are. (1) The recovery of the blood stained axe in pursuance of the information given by the accused and at his instance. (2) The seizure of the shirt (Article 3) from the body of the accused at the time of his arrest, which was subsequently found to have human blood on it. (3) The extra judicial confession alleged to have been made before Lachmansingh (CW. 1) and Ramlal (PW. 3). ;