SHARWAN SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having felt aggrieved from the judgment dated 6.9.1994 of the learned Sessions Judge, Jhunjhunu, appellants Sharwan Singh, Matra Singh and Nop Singh have filed this appeal. The learned Sessions Judge had convicted them under section 302 r/w Sec. 34 Penal Code and sentenced each of them to undergo imprisonment for life.

(2.) The case relates to an occurrence which took place on 1.3.1992 at 9.00 p.m. in village Churi-Ajitgarh in which Vikram Singh (25 years) was killed. In the FIR Ex. P/12 lodged by Bhanwar Lal (PW 13) on 2.3.1992 at 4.00 a.m., it was stated that having been informed by his cousin Niranjan Lal that Vikram Singh had been murdered by Rajputs, he went to the place of occurrence only to see Vikram Singh lying dead on the platform of the godown. It was stated that the murderors could be Sharwan Singh, Matra Singh, Nop Singh and other family members. It was also stated that on 29.2.1992 Sharwan Singh and Vikram Singh had a quarrel and on 1.3.1992 in the noon, Matra Singh had expressed his intention to kill Vikram Singh as he had quarrelled with Sharwan Singh. On this report, a case under section 302 Penal Code was registered. During the investigation, the police held the inquest, got the post-mortem of the body of Vikram Singh done by the Medical Officer, inspected the site, interrogated the witnesses, arrested the accused and recovered some incriminating articles at their instance. After the completion of the investigation, a challan was filed against three appellants and two others.

(3.) The learned Sessions Judge, vide order dated 14.10.1992 framed charges under sections 147 & 302 IPC, in the alternative 302/149 Penal Code against all the five accused challenged in the case,who pleaded not guilty. The prosecution examined Mahabir Singh (PW 1), Niranjan Lal (PW 2), Gyan Chand (PW 3), Goma Ram (PW4), Dr. Megh Singh (PW 5), Tara Chand (PW6), Sriram (PW 7), Narendra Singh (PW 8), Raghubir (PW 9), Vishavnath (PW 10), Birbal (PW 11), Mahesh Kumar (PW 12),Bhanwar Lal (PW 13), Harish Chander Kulhari (FW 14), Berishal Singh (PW 15) and Prahlad Singh (PW 16). The accused in their statement under section 313 Crimial P.C. denied the accusation. The plea of Nop Singh was that Vikram Singh had inflicted a 'Chhuri' injury to him and he had become unconscious. The plea of Matra Singh was that he had gone to village Agwana on the date of occurrence because his mother-in-law was ill. Accused-Sharwan Singh did not come out with any specific plea. The accused did not examine any witness in defence.