The State preferred an appeal to the High Court against the order of the learned Sessions Judge in so far as it acquitted the appellant of the offence of murder and Gangia of both the offences.
Shri Kishan asked Kan Singh to return to the hutment and he proceeded to the police station Maha Mandir for the purpose of lodging information with the police.
Gangia also made a disclosure statement in companysequence of which certain recoveries were made but since the case of Gangia is number before us, it is number necessary to refer to the same.
Gangia was acquitted of both the offences by the learned Sessions Judge.
Kan Singh also left the hutment for going to Bimalpur for purchase of Bajra on 21st October, 1967.
2, on which certain finger prints were numbericed.
It appears that at about 6.30 p. m. on the same day, that is.
The police found in the companyrse of investigation that the death of all the four persons had taken place as a result of gun shot injuries and they also came across two articles, one a mirror Ex.
The appellant and Gangia were, on the basis of this material, put up for trial before the Sessions Judge, Jodhpur and the learned Sessions Judge, on a companysideration of this material, held the appellant guilty of the offence of theft in respect of the articles in the kesla and companyvicting him under Section 380 of the Indian Penal Code, sentenced him to suffer rigorous imprisonment for seven years, but acquitted him so far as the offence of murder of Inder Kanwar, Lad Ranwar, Bhanwar Singh and Roop Singh was companycerned.
When he returned to the hutment in the morning of 22nd October, 1967, he was shocked to find his mother Inder Kanwar, his two brothers Shanwar Singh and Roop Singh and his grand mother Lad Kanwar lying murdered in the hutment, He saw a box lying outside the room and he also found that the shutters of the door of the room were unhinged and were lying inside the room and other household articles were lying scattered.
On 19th October, 1967, Sujan Singh went to village Thakarise to bring his daughter and he was away from his hutment until 22nd October, 1967.
The shirt was sent to the Chemical Analyser and the serologist and their report went to show that the shirt was stained with human blood.
He immediately ran to the village Khari and informed Kanji Panch about the incident and both of them then went to Bisalpur and apprised Sarpanch Shri Kishan about what had happened.
1 were those of the appellant.
One Sujan Singh, who was a forest guard, was living in the hutment with his wife Inder Kanwar, three sons Kan Singh, Bhanwar Singh and Roop Singh and his mother Lad Kanwar.
1 and the other a Dibbi Ex.
The appellant thereupon preferred the present appeal with special leave obtained from this Court.
These finger prints were subsequently got examined by a finger print expert and the evidence established that the finger prints on the mirror Ex.
The police arrived at the scene of the crime around midday and started investigation.
22nd October, 1967, one Umed Singh, who is the brother of the appellant, produced the appellant and Gangia before Balbir Singh, Station House Officer, who was investigating into the offence, Both the appellant and Gangia were arrested and at the time of arrest, a shirt worn by the appellant was taken possession of by Balbir Singh as he suspected that there were blood stains on it.
N. Bhagwati, J. The appellant and one Gangia were tried before the Sessions Judge.
The scene of the crime was a hutment situate in a Jod, that is, pastureland belonging to the Government between the villages of Palasni and Kharia Khurd in Jodhpur District.
Jodhpur for the offences of murder, house trespass and robbery.
The kesla, was found to be blood stained as a result of examination by the Chemical Analyser and the Serologist and the articles in the keala included inter alia various ornaments which were all subsequently identified by Sujan Singh to be belonging to him.
Balbir Singh interrogated the appellant whilst he was in custody and in companysequence of disclosure alleged to have been made by him, a gun and a bag companytaining pellets and gun powder were recovered under a heap of sheaves of grass lying in his field known as Ramsariwala and from a heap of chaff lying on the thrashing floor of that field, a companyton kesla that is, a bag, companytaining certain articles was also recovered.
