HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Appeal No. 138 / 1992

Kalyan Singh S/o Chattar Singh B/c Rajput, R/o Medhak Kalan,

P.S. Raniwara, Disrict Jalore.

----Appellant

Versus

State of Rajasthan

----Respondent

Connected With

D.B. Criminal Appeal No. 380 / 1992 State Of

Rajasthan

----Appellant

Versus

Kalyan Singh S/o Chattar Singh B/c Rajput, R/o Medhak Kalan,

P.S. Raniwara, Disrict Jalore.

----Respondent

_____________________________________________________

For Accused : Mr. Doonger Singh

For Respondent(s) : Mr. C.S. Ojha, PP

_____________________________________________________

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

06/10/2017

BY THE COURT (PER HON’BLE MANOJ KUMAR GARG,J)

The instant criminal appeals have been filed by the accused

appellant Kalyan Singh and the State of Rajasthan against the

judgment dated 10.04.1992 passed by the learned Sessions Judge

Jalore in sessions Case No. 40/1990 by which the learned Judge

acquitted the accused-appellant for offence under Section 302 IPC

but convicted him for offence under Section304-I IPC and passed

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[CRLA-138/1992]

a sentence of five years’ rigorous imprisonment and imposed a

fine of Rs. 500/- and in default of payment of fine, further

undergo six months rigorous imprisonment.

The brief facts of the case are that on 22.05.1990

complainant Bhalaram (PW-2) filed a written report at the police

station Raniwara, District Jalore alleging that on the evening of

22.05.1990, he alongwith his brother Malaram, Dana, Soma,

Uka & Ugara were standing near the temple of Hanumanji and

they were watching marriage party of Kanti S/o Garoda passing

by, then all of sudden Kalyan Singh came with iron rod and

inflicted injury to his brother Malaram on his head, as a

consequence he fell down and blood started oozing from his

head. After inflicting the injury, accused Kalyan Singh ran away

from the place of occurrence. He further stated that due to the

injury, his brother became unconscious. They took him to

Raniwara Hospital in a tractor, where Doctor declared him

dead. It was further stated that due to animosity with regard to

the land, Kalyan Singh inflicted injury to his brother Malaram

and on previous occasion also, the accused appellant tried to kill

his brother but his brother escaped.

On this report, police registered a FIR No.73/1990 for

offence under Section 302 IPC and started the investigation.

Police arrested the present accused appellant Kalyan Singh. After

usual investigation, the police filed charge sheet against the

accused-appellant for offence punishable under Section 302 IPC

before the Court of Munsif and Judicial Magistrate First Class

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[CRLA-138/1992]

Raniwara. Later on the case was committed to the Court of

District and Sessions Judge Jalore.

The learned trial court after hearing the arguments and

considering the material on record, framed charges against

accused-appellant for offence under Section 302IPC. The accused-

appellant pleaded not guilty and claimed trial.

At the trial, the prosecution examined as many as thirteen

witnesses in all and exhibited certain documents. Thereafter the

statement of the accused-appellant was recorded under section

313 Cr.P.C. In defence, Mohabbat Singh was examined as DW-1.

At the conclusion of the trial, the learned District Sessions

Judge, Jalore vide judgment dated 10.04.1992 acquitted the

accused-appellant for offence under Section 302 IPC but

convicted him for offence under Sections 304 Part-I IPC and

passed sentence as mentioned earlier.

Against this judgment, State of Rajasthan has preferred an

appeal against the acqu