HARBEER SINGH Vs. SHEESHPAL & ORS.

JUDGEMENT

(1.) These appeals, by special leave, are directed against the judgment and order dated 25 th November, 2011, passed by the High Court of Judicature for Rajasthan, Jaipur Bench, Jaipur, in D.B. Criminal Appeal No.290/1995 and D.B. Criminal Appeal No.375/1995, whereby the High Court has quashed and set aside the conviction of the accused respondents. Criminal Appeal Nos.1624-1625 of 2013 are filed by the son of the deceased and Criminal Appeal Nos.217-218 of 2013 are filed by the State of Rajasthan challenging the acquittal order passed by the High Court.

(2.) The brief facts of the case as unfolded by the prosecution are as follows: On 21.12.1993, at 7.55 P.M., Bhagwara Ram (PW-8), the brother of the deceased Balbir Singh, gave a written report at P.S. Kotwali Sikar, stating that on 21.12.1993 in the evening at about 6.00 P.M., when his younger brother Balbir (deceased) was returning to his house, two men were standing near the Dhaba of Shankar and he started talking to them. In the meantime, Sheeshpal (son of Khuba Ram) came from the side of Sikar driving his Jeep and with an intention to kill, hit Balbir and dragged him upto the Dhaba of Suresh as a result of which Balbir died on the spot. The owner of the Dhaba ­ Suresh Kumar chased them on his motorcycle. It was further stated that the act was committed by Sheeshpal in furtherance of his old enmity with Balbir in connivance with Bhanwarlal, Dhanvir, Mangal (sons of Khuba Ram) and Bhanwarlal's brother-in-law Nemichand and Shiv Bhagwan of Village Gothura Tagalan. It is also mentioned in the written report that at the time of the incident, Sheeshpal was driving the jeep and Nemichand, Shiv Bhagwan, Rajendra and Prakash were with him in the Jeep and it is not mentioned that Bhanwarwal was present in the jeep or at the place of occurrence. The names of Dhanvir and Mangal were dropped later on.

(3.) The Police registered a case under Section 302 of the Indian Penal Code and began investigation. Formal FIR was registered, place of occurrence was inspected, site plan was prepared, post-mortem of the dead body was done, Panchnama of the dead body was prepared and the vehicle used in the crime along with number plate of the vehicle and broken parts was seized. Statements of the witnesses were recorded and during investigation accused persons were taken into custody. After completion of the investigation, accused Bhanwar Lal was declared absconding. Charge sheet was filed against the accused persons before the learned Magistrate and the case was committed to the Sessions Court for trial. On Bhanwar Lal's presence, his case was also committed as above and both the cases were amalgamated and trial commenced. Charges under Sections 149, 302, 120B of the IPC were framed against all the accused persons except Bhanwar Lal. Accused Bhanwar Lal was charged under Sections 302, 120B of IPC. All the accused persons pleaded 'not guilty' and hence they were tried by the Court of Sessions. The Trial Court convicted the accused persons and sentenced them to life imprisonment under Section 302 read with Section 149 of the IPC. They were also sentenced severally under various sections.