MAHARAJ SINGH KHILKU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Criminal Appeal No. 56 of 1974 by Maharaj Singh and Hotam Singh sons of Kanchana, and Criminal Appeal No. 280 of 1974 by Khilku Singh alias Ajmer Singh, are directed against a common judgment, dated December 17, 1973, of the Rajasthan High Court, whereby the acquittal of these three appellants recorded by the trial Court, was reversed and each of them was convicted under Section 302 read with Section 34, Penal Code, for the murder of Gupta and sentenced to imprisonment for life. The appeals arise out of these facts :

(2.) Maharaj Singh and Hotam Singh were arrested on January 11, 1968 from a nearby jungle. Maharaj Singh and Hotam Singh were first put on trial. Khilku had absconded. He was arrested later on November 28, 1968 and was tried separately. The Sessions Judge acquitted the accused persons in both the trials. The State went in appeal against those acquittals to the High Court with the aforesaid result. Hence, these appeals which are being disposed of by a common judgment.

(3.) At the trial of Maharaj Singh and Hotam Singh, the statements of Kanhaiya (P. W. 5) and Bigha (P. W. 11) recorded by the Committing Magistrate, were transferred under Section 288, Cr. P. C. to the Sessions record. Munshi was also examined at that trial. At the trial of Khilku Singh, Munshi alone was examined as an eye-witness. At both the trials, Munshi had substantially supported the prosecution story set out above. Six prosecution witnesses, namely, P. W. 1, P. W. 2. P. W. 3, P. W. 4, P. W. 5 and P. W. 11 turned hostile and were cross-examined by the Public Prosecutor.