SHYAM SUNDER BYAS, J. - (1.) THE appeal is directed against the judgment of the learned Sessions Judge, Udaipur dated February 19, 1977 by which appellant Manohar Singh was convicted under Section 302 IPC and sentenced to imprisonment for life.
(2.) BRIEFLY stated, the prosecution case is that Laxman Singh PW 5 appeared at Police Station Mavli, District Udaipur at about 7.00 a.m. on 29 -6 -1974 and presented written report Ex.P. 13. It was stated therein that in the preceding night, his brother Mohabbat Singh was sleeping on a cot in his house. Some unknown persons intruded into the house and caused the murder of Mohabbat Singh by inflicting blows with a sharp edged weapon like sword or axe. The police registered a case and proceeded with the investigation. Head Constable (Police) Jayanti Lal PW 11 arrived on the spot, inspected the site and prepared the site plan. He also prepared the inquest report of the dead body of Mohabbat Singh. The blood -stained clothes of the deceased were seized and sealed. Post mortem examination of the victim's dead body was conducted at about 11.30 a.m. on the same day by PW 2 Dr. Krishan Kumar Agrawal the, then Medical Officer in -charge Government Dispensary, Mavli. The Doctor noticed three incised wounds on the victim's dead body. In the opinion of Doctor Agrawal, the cause of death was sudden shock and excessive hemorrhage, with cutting of cervical spinal cord and Trachea, due to wounds in the neck, caused by heavy sharp edged weapon. The post -mortem report prepared by the Doctor is Ex.P 2. The accused was arrested by the Investigation Officer on 7 -7 -1974 vide arrest memo Ex.P 10. In consequences of the information furnished by the accused on 8 -7 -1974 to the Investigation Officer, one sword (Article 1) was recovered lying concealed in the bushes. It was seized and sealed. The sword had stains of blood on it. The clothes of the accused and the sword were sent for chemical examination to the Chemical Examiner, Rajasthan and the Serologist, Calcutta. Human blood was found on all of them. It revealed during investigation that the deceased Mohabbat Singh was married to the sister of prosecution wituesse Ram Singh and Ram Singh was married to the sister of the deceased. The accused is the real nephew of PW 1 Ram Singh. A theft was committed in 1973 in the house of Ram Singh situate in village Pavta, Ram Singh lodged report Ex. P 1 of this theft on 25 -7 -1973 at Police Station, Mavli. He expressed his suspicion on the accused. A few days before 29 -6 -1974, again a theft took place in the house of PW 1 Ram Singh. This time only one sword was stolen by the culprit. Ram Singh again suspected the accused as having committed the theft of his sword. It was alleged that the accused got an impression that Ram Singh PW 1 had lodged the report of theft at the instigation of the deceased Mohabbat Singh. It was alleged that it was why Mohabbat Singh was killed by the accused. On the completion of investigation, the police submitted a challan against the accused in the court of the Judicial Magistrate, Mavli who in his turn committed that case for trial to the court of Sessions. The learned Sessions Judge framed a charge under Section 302 IPC against the accused to which he pleaded not guilty and faced the trial. The accused claimed absolute innocence and stated that he has been falsely implicated on account of his inimical relation with his uncle Ram Singh PW 1. In support of its case, the prosecution examined 11 witnesses and filed some documents. In difence, no evidence was adduced by the accused. On the conclusion of trial, the learned Sessions Judge held that the charge was duly proved against the accused. The accused was consequently convicted and sentenced as mentioned at the very out -set. Aggrieved against the conviction, the accused has come up in appeal.
(3.) WE have heard the learned Counsel for the appellant and learned Public Prosecutor. We have also gone through the case file carefully.;