BHOOR SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed by the appellants Bhoor Singh S/o Nan Singh, Amar Singh S/o Guman Singh and Guman Singh S/o Nan Singh against the judgment dated 23.4.1986 passed by the Additional Sessions Judge No. 2, Udaipur in Sessions Case No. 3/1985, whereby the learned trial Court has convicted the accused-appellants under Section 302 read with Section 34 Indian Penal Code. and sentenced them to undergo imprisonment for life alongwith fine of Rs. 100/-, so also the accused-appellants were convicted for offence under Section 447 Indian Penal Code. and sentenced to undergo one month's simple imprisonment. Further the accused-appellants Bhoor Singh and Guman Singh were convicted for offence under Section 323 Indian Penal Code. also and sentenced to undergo one month's simple imprisonment.

(2.) Brief facts of the case are that on 30.7.1985 at 3.30 P.M., PW-1 Pratap Singh S/o Nawal Singh (complainant) lodged an F.I.R. at Police Station Pahada, District Udaipur. In the said F.I.R. it was contended that on the day before, i.e. on 29.7.1985, in the afternoon the complainant went to the forest to graze the cattle and was coming back at around 2 O'clock. When he reached near the shop of Champa Lal Mahajan in the village, he heard hue and cry of his father which was coming from the nearby agricultural field. Upon hearing the noise, he ran to the place from where the noise was coming, then he saw that Bhoor Singh S/o Nan Snigh, Amar Singh S/o Guman Singh and Guman Singh S/o Nan Singh were beating his father Nawal Singh with Kulhari, Kudali and lathi. Amar Singh was carrying Kulhari, Bhoor Singh was carrying Kudali and Guman Singh was carrying lathi. As per the complainant, Amar Singh gave a blow from the sharp and blunt side of Kulhari upon the left leg of his father Nawal Singh and due to the said injury, knee of his father was broken and blood started oozing out. Likewise, Bhoor Singh gave a blow from the blunt side of Kudali upon his father's head and due to that injury, he fell down on the ground. Thereafter, Guman Singh gave blow with lathi when his father was lying on the ground. Due to the above injuries, his father Nawal Singh became unconscious and when the complainant intervened, Bhoor Singh gave a blow on his head from the blunt side of Kudali, Guman Singh gave lathi blow upon his face and Bhoor Singh with the intention to kill him, gave a Kulhari blow upon his head. It is further stated that at the place of occurrence when the complainant raised hue and cry, his mother, wife and brother Basan Singh came on the spot and all the three accused ran away to the nearby field. Thereafter he and his family members carried his father Nawal Singh to his home with the help of one Puna Meena Dodiyar. His father remained unconscious during the entire night and thereafter on the day of lodging F.I.R., i.e. on 30.7.1985, at 3.00 A.M. in the morning, after vomiting blood he passed away. Thereafter in the morning of 30.7.1985, delay in filing the F.I.R. was caused because after death of his father, the complainant went to the Kherwara Court to attend hearing of a case and after coming back, he reached the Police Station at about 3.30 P.M. alongwith one Lal Singh and gave the above information.

(3.) Upon the aforesaid information, an F.I.R. (Ex.P-1) bearing No. 71/1985 dated 30.7.1985 was registered. After registration of F.I.R., usual investigation was conducted and in the investigation, body of deceased Nawal Singh was taken to the hospital by the Investigating Officer Bakhtawar Singh, SHO Police Station Pahada (PW-11) and Ram Lal Constable No 1652 and postmortem was conducted at 5.30 P.M. on 30.7.1985. The accused-appellants were arrested during investigation and statements of eye-witnesses and other witnesses were recorded under Section 161 Criminal Procedure Code and ultimately challan was filed against all the three accused appellants before the Court of Munsif and Judicial Magistrate, Kherwara, from where the case was committed to the Court of District and Sessions Judge, Udaipur and ultimately the case was transferred to the Court of Additional Sessions Judge No. 2, Udaipur, where the trial took place.