STATE OF RAJASTHAN Vs. KISHAN SINGH

JUDGEMENT

(1.) During an occurrence which took place at about 10. 30 p. m. on 19.10. 1984, Mastan singh (deceased) received a number of injuries. The incident took place in the village near the house of one Bhura Ram. Inder Singh, son of the deceased lodged the First Information Report (FIR) at Police Station Gangashahar. Investigation was taken in hand and Kishan Singh alongwith four others, namely, Hem Singh, chhagan Singh, Karan Singh and Bastiram were arrayed as accused. Since Mastan Singh had succumbed to his injuries, accused Kishan singh, Chhagan Singh, Hem Singh, Karan singh and Bastiram were tried for offences under Section 302/34 Indian Penal Code and 324/34 Indian Penal Code. Karan Singh and Bastiram were also tried for substantive offence under Section 302 Indian Penal Code.

(2.) According to the prosecution case, the occurrence was witnessed by Mena, Public Witness-1; inder Singh, Public Witness-3 (the first informant) ; Mst. Sampath, Public Witness-7; and Narsingh, Public Witness8. Public Witness-1 and Public Witness-7 are the daughters of deceased mastan Singh while Public Witness-8 is the father-in-law of Public Witness-3 Inder Singh's sister.

(3.) The trial Court after recording evidence of the prosecution witnesses vide judgment dated 1/08/1986 acquitted Karan Singh and Bastiram, who alone had been charged for substantive offence under Section 302 Indian Penal Code besides other offences under Sections 302/ 34 and 324/34 Indian Penal Code of all the offences. The trial Court, however, convicted Hem Singh, kishan Singh and Chhagan Singh for an offence under Section 302/34 Indian Penal Code and sentenced them to undergo life imprisonment and to pay a fine of Rs. 200. 00 each and in default of payment of fine to further undergo RI for a period of two months. They were also convicted for an offence under Section 324/34 indian Penal Code and sentenced to undergo six months Rl each. Whereas the State did not file any appeal against the acquittal of Karan Singh and bastiram, the convicts filed appeals before the high Court against their conviction and sentence. The High Court vide judgment dated 22/10/1991 acquitted Chhagan Singh of the offence under Section 302/34 Indian Penal Code as also for the offence under Section 324/34 Indian Penal Code. The High Court also set aside the conviction and sentence of Kishan Singh and Hem Singh for offences under Section 302/34 Indian Penal Code. Their conviction and sentence for an offence under section 324/34 Indian Penal Code was, however, maintained. The State has come up in appeal by special leave against the acquittal of Kishan Singh, hem Singh and Chhagan Singh.