MATHUR J. - (1.) This appeal is directed against the judgment dated 15.1.2003 passed by the learned Additional Sessions Judge(Fast Track), Hanumangarh convicting the appellant of offence under Section 302 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs.500/-; in default to further undergo one month's simple imprisonment.
(2.) The factual scenario as emerged during the investigation is that the appellant Darshan Singh is the brother of D.W.3 Chhindri Bhatni with whom the deceased Kaku Singh was having illicit relations. It is alleged that in the intervening night of 3rd & 4th May, 2001 at about 12:15, P.W.1 Jaswant Singh received a telephonic call from P.W.4 Dr.Amarjeet Chawla to the effect that his daughter was perturbed and as such he should immediately reach to the house of his son-in-law deceased Kaku Singh. He gave this information to brother of the deceased P.W.15 Buta Singh. On reaching to the spot, he found the gate of the house closed but the window was open. He peeped inside through window and found two cots lying. On the space between the two cots fresh blood was covered by sand. He along with others entered in the house and found the dead body of Kaku Singh in pool of blood covered by quilt. There were severe injuries on his body. On being asked P.W.16 Geeta communicated by sign that on the other cot another person having mustache was sleeping. He identified the said person as the brother of Chhindri. She also communicated that her deceased husband Kaku Singh was sleeping on the cot on the southern side. She was also sleeping on another cot on southern side. The man with mustache desolved a pill in the glass of water and made Kaku Singh to drink the same. During the night two more persons joined him. All the three persons killed Kaku Singh by sharp edged weapon. An information of the incident was lodged by P.W.15 Buta Singh by submitting a written report at Police Station, Hanumangarh. The police registered a case for offence under Section 302,201 I.P.C. and proceeded with investigation. The police prepared the inquest report and the site plan. The dead body was sent for autopsy. P.W.17 Dr.Rajendra Gupta conducted the autopsy on the dead body of deceased Kaku Singh vide Ex.P37. He noticed the following injuries:- (1) Incised wound 4 1/2 x 1 X bone fracture on the right lateral side of face, mandible region. (2) Incised wound 5 X 2 bone deep all structure of neck cut wound. In his opinion the cause of death was injury to vessels of neck. Trachea due to injury No.2. Injury No.2 was sufficient to cause death in ordinary course of nature.
(3.) The appellant was arrested vide Ex.P14. In pursuance of the information given by him the police recovered a blood stained Kulhari and his clothes alleged to have been wearing at the time of incident. After usual investigation police laid charge-sheet against the appellant for offence under Section 302, 201 I.P.C.;