Page 1

JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.8

70 of 2007

State of Rajasthan

…..Appellant

Versus

Darshan Singh @ Darshan Lal

….. Respondents

JUDGMENT

Dr. B.S. CHAUHAN, J.

l.

This Criminal Appeal has been preferred against the

judgment and order dated 29.5.2006 in D.B. Criminal Appeal No. 96

of 2003 passed by the High Court of Judicature for Rajasthan at

Jodhpur setting aside the judgment and order dated 15.1.2003 passed

by the Additional Sessions Judge (Fast Track) Hanumangarh,

convicting the respondent herein of the offences punishable under

Section 302 of Indian Penal Code, 1860 (hereinafter referred as

`IPC’) and imposing the punishment to suffer rigorous imprisonment

Page 2

JUDGMENT

for life and to pay a fine of Rs. 500/- in default to further undergo

one month simple imprisonment.

2.

Facts and circumstances giving rise to this appeal are that:

A.

Buta Singh (PW.15) lodged an oral report on 4.5.2001 at

1.00 a.m. at P.S. Hanumangarh, District Hanumangarh stating that

on intervening night between 3/4.5.2001 at about 12.15 a.m.,

Jaswant Singh (P