VIJAI SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24th April, 1991 passed by the Additional Sessions Judge, Chittorgarh in Sessions Case No. 15/89 convicting the appellants Vijai Singh, Jugraj Singh, Ranjeet Singh, Mohan Singh and Akhtar Hussain for offence under section 302/149 Penal Code and sentenced each of them to imprisonment for life and to pay a fine of Rs. 500.00, in default Against the judgment dated 24.4.91 passed by the Additional Sessions Judge, Chittorgarh. of payment of fine to further undergo six months' rigorous imprisonment. The appellants have also been convicted for offence under section 148 Penal Code and each of them sentenced to two years' rigorous imprisonment and to pay a fine of Rs. 400.00, in default of payment of fine to further undergo three months' rigorous imprisonment. Appellants Jugraj Singh and Ranjeet Singh have also been convicted for the offence under section 3/25 of the Indian Arms Act and each of them have been sentenced to one and half years rigorous imprisonment and to pay a fine of Rs. 200.00, in default of payment to further undergo two months' rigorous imprisonment. All the substantive sentences have been ordered to run concurrently.

(2.) The appellants were tried for offence under sections 148, and 302/149 Penal Code and in alternate for offence under section 302/34 and 3/25 of the Indian Arms Act in respect of an incident alleged to have taken place on 14.12.1988 in village Kelukhedi in the field of Pratap Singh, in which Kalu Singh s/o Pratap Singh and an employee of Pratap Singh namely Kashi Ram were assaulted with swords and fire arms, as a result of which both of them died on the spot. An information of the incident was lodged by PW. 1 Pratap Singh at Police .Station, Rawatbhata on 15.12.1988 at 2 a.m. stating inter alia that his son Kalu Singh alongwith his servant Kashi Ram were sleeping in a hut (topa-a small hut prepared with Bans and covered with leaves etc.) for guarding the crop. In the adjoining hut, he alongwith his another servant P.W. 3 Kalu Balai were sleeping. At about 11.30 p.m., all of sudden he heard the sound of gun fire. He was awakened and found that accused Mohan Singh s/o Babu Singh, Vijai Singh s/o Kishan Singh, Jugraj s/o Bhoor Singh, Ranjeet s/o Madan Singh and Iqbal s/o Allah Noor, all the residents of Barodia armed with gun, pistol etc. assaulting his son Kaul Singh and servant Kashi Ram. Out of fear, he raised the voice and gave call to the villagers. He also rushed towards the village. In response to his call, Kishore Singh, Bapu Singh, Bhoor Singh, Chhatar Singh, his son Doongar Singh and Chhatar Singh immediately arrived on the spot. Seeing them, the accused persons flied away, jumping the 'Nala'. 10-15 persons were seen jumping the 'Nala' and running away, which included the two sons of Kishan Singh namely Arjun Singh and Jugraj Singh, Akhtar and son of Bhoor Singh. On seeing Kalu Singh and Kashi Ram in the flash of torch, it was found that both of them had sustained firearm injuries on the chest. There was a swrod injury on the eyes of Kashi Ram. Back side of the neck of Kalu Singh was cut and the bleeding was seen. Giving out the background he also stated that there was an old enmity between the parties. A quarrel had taken place between Ranjeet Singh and his son Hari Singh on the bus stand of village Jharjani, for that reason all the accused persons of armed with guns and other deadly weapons came to the field and killed his son Kalu Singh and servant Kashi Ram. On this information, police registered a case for offences under sections 147, 148, 149, 302 Penal Code and Sec. 3/25 of the Indian Arms Act. The police prepared the inquest and sent the dead bodies of Kalu Singh and Kashi Ram for post mortem. The recoveries of the weapons of offence were made from all the accused persons. After usual investigation, the police laid charge-sheet against the present appellants and one Iqbal s/o Allah Noor. During trial, the accused Iqbal absconded and as such his trial has been separated. The police did not file the challan against Arjun Singh and Jugraj Singh sons of Kishan Singh.

(3.) All the accused persons pleaded not guilty and claimed trial. The prosecution in support of the case examined 12 witnesses and produced certain documents. All the accused persons in their statements under section 313 C.P.C. stated that the prosecution evidence appearing against there, is false. They also stated that they have been falsely implicated. The trial Court relying on the testimony of P.W. 1 Pratap Singh, P.W. 2 Chhatar Singh and P.W. 5 Doongar Singh and the recoveries of the weapons held all the accused appellants guilty of murder of Kalu Singh and Kashi Ram. Accordingly, all of them have been convicted and sentenced as noticed above.