Conviction for murder was altered to culpable homicide not amounting to murder due to lack of evidence for intent, emphasizing that premeditated murder requires clear intent, especially absent motive.

JUDGMENT :

Chandra Shekhar Sharma, J.

1. The present criminal appeal has been filed under Section 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dated 26.04.2017 passed by learned Additional Sessions Judge, No.2, Barmer in Sessions Case No. 16/2016 (102/2013 – State of Rajasthan Vs. Karan Singh) whereby appellant-Karan Singh was found guilty for the offence under Section 302 I.P.C. and he was sentenced to suffer life imprisonment and a fine of Rs.5000/-; in default of payment of fine, he was to further undergo Six months’ Simple Imprisonment.

2. Succinctly stated, the facts of the case are that at the instance of the complainant, PW-2 Chunni Lal, a written report (Ex.P.1) was lodged at Police Station Kotwali, Barmer, alleging that on 10.10.2013 at about 9:00 p.m., his nephew Kirit was taken to the Government Hospital, Barmer, after sustaining a head injury during a scuffle. On receiving this information, the complainant reached the hospital and learnt that the incident had occurred at Mahaveer Park, Barmer. He, thereafter, went to the place of occurrence, where Mukesh and Tikam Chand informed him that Kirit had been sitting on a slide where a person aged about 19–20 years was consuming liquor nearby. When Kirit objected to the consumption of liquor at a public place, a heated altercation ensued between them. Mukesh and Tikam Chand also advised the said person not to consume liquor at public place and then left for a stroll. After some time, they heard that a person was lying injured near the slide. On returning, they found Kirit lying injured, while the person who had been consuming liquor was not present at the spot. It was suspected that the said person had assaulted Kirit and fled from the scene.

3. On the basis of the said report, FIR No.373/2013 (Ex.P.28), came to be lodged at the Police Station Kotwali, Barmer for offence punishable under Section 307 IPC and investigation was commenced. During the course of investigation, police inspected the site and prepared the Site Inspection Map (Ex.P.2). Police recovered the scattered blood, piece of bone and hairs from the place of occurrence vide Memo (Ex.P.3). The blood stained clothes of injured Kirit was recovered as (Ex.P.4). The Test Identification Parade of the accused was conducted vide Memo (Ex.P.5). The clothes of accused were recovered vide Memo (Ex.P.8). At the instance of accused, a Sariya was recovered vide memo (Ex.P.9). During treatment, injured Kirit passed away and police added the offence under section 302 I.P.C. Panchnama of the body of the deceased was prepared vide memo (Ex.P.14). The post mortem of the dead body of Kirit was conducted by Medical Board vide (Ex.P.31). Police also recorded the statements of several prosecution witnesses.

4. Accused Karan Singh was arrested vide arrest Memo (Ex.P.7) and after usual investigation, the charge-sheet came to be filed against him before the concerned Court for the offence punishable under Section 302 I.P.C. Learned Magistrate took cognizance of the offence and then committed the matter for trial to the learned Sessions Judge.

5. Learned Additional Sessions Judge No.2, Barmer (for short “the learned trial court”) after hearing the arguments framed the charges against the accused under Section 302 I.P.C. who denied the charges and claimed trial, thus, the trial began. As many as 19 witnesses were examined and (Ex.P.1 to Ex.P.40) were exhibited in support of the prosecution. Thereafter, the learned trial court recorded the statements of accused-appellant under Section 313 Cr.P.C. The accused-appellant pleaded that he was falsely