AMRIK SINGH SATNAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of an occurrence which took place on 31/10/1976, resulting in the deaths of Satveer and Lal Chand and injuries to Trilok Kumar and Bal Chand and are being disposed of by this common judgment.

(2.) Satnam Singh, Mohar Singh, Pritam Singh, Atrik Singh, Jagdish,harbans, Amrik Singh and Chetan were arrayed as accused persons in respect of that occurrence. Pritam Singh, Harbans, Atrik Singh and Jagdish were committed to stand their trial by an order of the Judicial Magistrate dated 25/01/1977, while Mohar Singh and Satnam Singh were committed to stand their trial by a separate order. However, both the cases were consolidated vide order dated 19/08/1977. Since Amrik Singh and Chetan were absconding, they were not tried along with the other six accused persons. Subsequently Amrik Singh was also apprehended and was committed to stand his trial before the learned Sessions Judge, Jhalawar, in Sessions Case No. 63 of 1979. Chetan accused is still absconding.

(3.) In the first consolidated trial, the trial court accepted the evidence of alibi of Pritam Singh, Atrik Singh, Jagdish and Harbans and acquitted them. Satnam Singh and Mohar Singh were also acquitted on being granted the benefit of doubt. Thus, all the six accused in the consolidated trial were acquitted by the trial court. The State of Rajasthan filed criminal appeal against their acquittal. The High court vide judgment dated 7/12/1984 dismissed the appeal filed by the State as against Pritam Singh, Atrik Singh, Jagdish and Harbans but set aside the order of acquittal made against Satnam Singh and Mohar Singh. They were both found guilty of causing murder of Satveer and Lal Chand and for causing injuries to Trilok Kumar and Bal Chand. They were convicted for an offence under S. 302/34 Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 1,000. 00 and in default of payment of fine to undergo rigorous imprisonment for one year each. They were also convicted for an offence under S. 307/34 Indian Penal Code and sentenced to seven years' rigorous imprisonment and to pay a fine of Rs. 1,000. 00 and in default of payment of fine to undergo rigorous imprisonment for one year. The substantive sentences were directed to run concurrently. They have filed Criminal Appeal No. 232 of 1985, by special leave to question their conviction and sentence.