ROOP SINGH JAGROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 127-1997 passed by the learned Sessions Judge, Hanumangarh convicting the appellant Roop Singh @ Jagroop Singh, Nirmal Singh, Kor Singh and Gurmail Singh for offence under Sections 302/34: I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 500/- and in default of payment to further undergo six months R.I.

(2.) On 15-6-1984 at 10.00 P.M. PW2 Madar Singh submitted a written report Ex. Plat police Station, Hanumangarh Junction, stating inter-alia that at about 6.00 p.m. he was returning from the field alongwith his younger brother-Jaspal Singh and PWI Jaskaran Jaspal Singh was ahead of him at a distance of 2-1/2 Bighas. When his brother Jaspal Singh reached near the field of Gurnam Singh the accused Gurmail Singh, Roop Singh, Kor Singh and Nirmal Singh armed with Gandasis came out from a Kotha. Seeing them Jaspal Singh started running. Accused persons chased and caught hold of him. They assaulted him by Gandasis. On being challenged by them (complainant), the accused persons took the heels. They took Jaspal Singh in a tractor to the hospital at Hanumangarh Town, where doctor declared him dead. On this information police registered a case for offence under Section 302 read with Section 34, I.P.C. and proceeded with the, investigation. The police prepared inquest and send the dead body of Jaspal Singh for post-mortem. The recovery of Gandasis where made from each of the accused persons except Gurmail Singh. The Police was of the view that Gurmail Singh was not on the spot and therefore, laid the charge-sheet on 27-7- 1994, only against three accused persons, namely, Roop Singh, Kor Singh and Nirmal Singh, in the Court of Judicial Magistrate, 1st Class, Hanumangarh. On the same day a protest petition was submitted by the learned Counsel for the complainant. It was posted for arguments on 3-8-1994. The learned Magistrate after perusing the record and hearing the learned Counsel for the complainant and the learned Astt. Public Prosecutor took cognizance against all the four accused persons namely, Gurmal Singh. Roop Singh, Kor Singh and Nirmal Singh for offence under Section 302/34. I.P.C.

(3.) All the accused persons denied the charge and claimed trial. The prosecution in support of the case examined 8 witnesses and produced certain documents. The accused persons in their statement under Section 313. Cr. P.C. denied the correctness of the prosecution evidence against them. The accused Gurmail Singh pleaded alibi and stated that on the date of incident he had gone to Goluwala Mandl for repairing of the tractor. The accused persons in defence examined 8 witnesses. On analysing the evidence the Trial Court found the charges proved against all the four accused appellants. Accordingly convicted each of them of offence under Section 302 read with Section 34. I.P.C. and sentenced as noticed above.