STATE OF RAJASTHAN Vs. DALIP SINGH

JUDGEMENT

(1.) THIS State appeal is directed against the judgment dated 10th September, 1980, passed by the learned Sessions Judge, Bikaner, in Sessions Case No. 42/1979, acquitting the accused respondents Dalip Singh Beniwal, Dalip Ram Kaler and Santosh Kumar Batad of the offence under Section 302, 325 read with 34 IPC.

(2.) THE prosecution case as set out during the trial is that the deceased Jagdev Singh and injured P.W. 6 Jagtar Singh and all the three accused respondents were the students of the ninth Semester of Medical College, Bikaner. All of them lived in the Tagore Hostel of the College except second respondent Dalip Ram Kaler, who was day scholar but he also used to visit and sometimes stay in the said hostel. P.W. 4 Balveer Singh was student of fifth Semester residing in another hostel. P.W. 5 Balvinder Singh, a resident student lived in Room No. 44 of the Tagore Hostel. About 6 -7 months prior to the date of incident, there was an election of the post of General Secretary of the Medical College for which Shri Vinay Beniwal was the candidate, who was not supported by Sikh students. This created an estrangement between the Jat and Sikh students. On 25.3.1979, there was some wrangle between the accused and their group on one side and the Sikh students on the other side at village Kolayat, where the students had gone for outing. Again on 21st April, 1979, P.W. 4 Balveer Singh and P.W. 5 Balvinder Singh had gone to see cinema in Minerva Talkies in matinee show, where at about 3 P.M., Balveer Singh was assaulted by Harendra Daiya, Ganpat Ram Kaler and Rajendra Karwasra, students of Medical College of the Jat group. The Sikh student reported the matter to the Hostel Warden and also to his senior students Jagtar Singh, P.W. 6, and deceased Jagdev Singh.

(3.) THE accused respondents pleaded not guilty to the charges levelled against them and claimed trial. The prosecution in support of the case examined ten witnesses. P.W. 4 Balveer Singh P.W. 5 Balvinder Singh and P.W. 6 Jagtar Singh were examined as eye witnesses. P.W. 1 Dr. C.K. Joshi, the Warden of the Hostel, stated that on receiving the information of the incident from P.W. 6 Jagtar Singh, had taken the deceased Jagdev Singh to the hospital immediately. P.W. 2 Dr. S.K. Acharya conducted the post mortem on the body of the deceased Jagdev Singh. He also examined the accused Dalip Beniwal. P.W. 3 Dr. R.L. Vaidh radiologically examined the injuries of P.W. 6 Jagtar Singh and the accused Dalip Singh Beniwal. P.W. 9 Dharam Singh is the Investigating Officer. P.W. 7 Shankerlal, A.S.I., P.W. 8 Ranjeet Singh and P.W. 10 Rameshwar Lal are the formal witnesses. In his statement under Section 313 of the Code of Criminal Procedure, first accused respondent Dalip Singh Beniwal stated that he had gone to the Cinema in the night show and returned to the hostel gate at about 2 A.M. in a rickshaw. At that time, some students rushed towards him and one of them gave hockey blow on his head and he got admitted in the hospital. Accused Dalip Ram Kaler stated that he was a day scholar and at the time of the incident, he was at the house of his elder brother Shravan Ram in the locality known as 'Rajmata Ka Nohra'. The third accused respondent Santosh Kumar Batar also raised a plea of alibi saying that at the time of the incident, he was in the village Batranau in Sikar district far away from Bikaner. The learned trial Judge disbelieved the eye witnesses P.W. 4 Balveer Singh, P.W. 5 Balvinder Singh and P.W. 6 Jagtar Singh and acquitted all the accused respondents of the charges levelled against them for offences under Sections 302 and 325/34 IPC by impugned judgment dated 10.9.1980. The principal reasons for such disbelief, which can be gathered from the impugned order, are stated as under: