INDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these eight appeals arise out of one criminal case bearing FIR No.188/01 dated 10.09.2001 of P.S. Sunail, Distt. Jhalwada (Rajasthan) lodged by informant Amar Singh (P.W.15) against 29 named co-villagers. All the 29 accused persons were chargesheeted by the police. After trial, five accused were acquitted and the rest 24 were convicted for various offences.

(2.) Five appeals preferred by 22 convicts were disposed of by a common judgment of the High Court dated 29.05.2008 which is impugned in 7 criminal appeals - 6 of them lodged in 2009 and Criminal Appeal No.1892 of 2011 by convict Kalu Lal lodged in 2011. Two of the convicts, namely, Ram Singh and Kesar Singh (accused nos.24 and 4 respectively) approached the High Court belatedly through jail appeals which were disposed of by judgment dated 10.03.2011 which is impugned in Criminal Appeal No.1194 of 2011. Since all the matters arise out of one criminal case, they have been heard together and are being disposed of by this common judgment.

(3.) Before noticing the prosecution case and the main defence of the appellants, it is noted that out of 29 accused who were put on trial, accused nos.12, 15, 16, 22 and 23 (as per number in the trial court judgment) were acquitted by the trial court. The High Court acquitted accused no.17 whereas accused no.19 died during the pendency of his appeal before the High Court. The records show that accused no.8, appellant Maan Singh has died during the pendency of his appeal before this Court. Thus presently there are 21 appellants who have been convicted of offences under Sections 302/149, 307/149, 147 and 148 of the IPC. Accused nos.1, 2 and 3 have also been convicted for offences under Section 27 of the Arms Act, 1959. All have been awarded life imprisonment along with other sentences which are to run concurrently.