MILAP CHAND JAIN, J. - (1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge No. 1, Hanumangarh dated October 23, 1980 whereby the appellant Rajasingh was convicted under Section 302 IPC and was sentenced to imprisonment for life.
(2.) THE prosecution case in brief is that the father of the accused appellant Rajasingh viz., Karnailsingh was murdered and the charge was levelled against Mithusingh. Bhupendrasingh. Jagdeosing and Grumailsingh. He was murdered on 24, 1968. On being prosecuted and tried, Mithusing and other accused persons were acquitted by the Sessions Judge, Sri Ganganagar on November 8, 1969. The accused appellant Rajsingh, therefore, harboured a grudge against Mithusingh. After that occurrence, another occurrence had taken place where in it is alleged that Jarnailsingh, the brother of the deceased Karnailsingh fired a shot at Mithusingh In connection with that event, still the prosecution was pending and according to the version given by the SHO Bhimsingh (PW 7), a counter case was also registered and prosecution was pending thereafter, on March 24, 1978, Mithusingh had gone from his house to the house of Jawalasingh Carpenter to fetch him in connection with the repair of his cot at about 3.45 p.m. Jawalasingh was not at his house and Mithusingh sat outside the door of the house of Jawalasingh. It is alleged that while the deceased Mithusingh was sitting out side the door of the house of Jawalasingh the accused appellant Rajsingh came armed with Kassia and give a 'Lalkera' to the deceased 'to be brave'. This Lalkara was then followed by Kassia blow on the head of Mithu Singh and thereafter, two further blows were inflicated on his head. Mithusingh lied down. According to the prosecution, the occurrence was witnessed by PW 4 Dilrajsingh, who was at his house which was situated at a distance of 198 ft. towards the north -west of the house of Jwalasingh. It is alleged that at that time, Dilrajsingh was giving foder to the cattle. The wife of the deceased also appeared from towards the lane and the accused armed with Kassia met her and he exhorted Dilrajsingh and Mst. Kartarkaur, the wife of the deceased Mithusingh immediately rushed to the scene of occurrence. As per the FIR version, on being asked the deceased divulged that Rajsingh has beaten him. Soon there after the injured Mithusingh succumbed to his injuries. Dilrajasingh then proceeded to lodge the report of the incident on the tractor of Bhupendra Singh accompanied with Gulrajsingh and Gurcharansingh. On the way, the SHO Bhimsingh met them and he recorded the statement Ex. P. 23 at 4.05 p.m. The statement was sent by Bhimsingh through F.C. Karnisingh to the Police Station. Sangariya. Thereupon Mahendrasingh, ASI registered the case under ss. 302 and 120B.I.P.C. Bhimsingh proceeded to the spot after recording the FIR statement and started spot investigation. He prepared the site plan Ex. P. 1 and site notes Ex. P. 25. The sample of blood stained earth was taken by the SHO vide memo Ex. P. 2 Panchnama Ex. P. 3 and Inquest memo of the dead body Ex. P. 4 were got prepared. Autopsy of the dead body was got conducted. The photographs were taken. The clothes of the deceased were seized vide memo Ex. P. 5. The accused was arrested on March 29, 1978 vide memo Ex. P. 26. On March 31, 1978, the accused gave information in respect of his Kassia vide memo Ex. P. 27. He got Kassia recoverded vide memo Ex. P. 28. The Kassia was found blood stained. It was parked and sealed. The statements of the witnesses were recorded. The blood stained articles were sent for chemical and serological examination. The blood was detected on Kassia and on serological examination. The Kassia was also found stained with human blood. The Chemical Examiners Report is Ex. P. 29 and the report of the Serological Examination is Ex. P. 30. After completion of the investigation, the charge -sheet was presented against the accused and the accused was ultimately committed for trial to the Court of Addl. Sessions Judge No. 1, Hanumangarh. The accused was charged of the offence under Section 302 IPC. He, however, pleaded not guilty to the charge and claimed to be tried. Daring the trial, the prosecution examined 8 witnesses. No evidence was led in defence. The statement of the accused was recorded under Section 313 Cr. PC, in which, he denied giving of any information and at his instance. The learned Sessions Judge, after hearing the arguments convicted and sentenced the accused -appellant as aforesaid. The learned Additional Sessions Judge relied on the testimony of P.W. 4 Dilrajsingh and PW 5 Mst. Kartar Kaur. Further corroboration was sought from the prompt FIR and also from the circumstance of recovery of Kassia on the information and at the instance of the accused, which was found to be stained with human blood.
(3.) WE have heard Mr. M.L. Garg, learned counsel for the accused appellant and Mr. L.S. Udawat learned Public Prosecutor for the State.;