STATE OF RAJASTHAN Vs. BHEEM SINGH

JUDGEMENT

(1.) This judgment will dispose of the afore mentioned appeals preferred by the State of Rajasthan as well as by the accused appellants against the judgment and order dated 11.6.1986 passed by the learned Sessions Judge Jaipur District Jaipur in case No. 106/84 whereby the accused-appellants were convicted and sentenced as under:

(2.) The facts as culled out by the prosecution are that on receipt of an information recorded in Ex. P 10A rapat-roznamch from General Hospital Kotputli about a dead body, the Station House Officer, PS-Kotputli reached hospital at about 12.45 AM on 8.9.84 and recorded Ex. P.1 Parcha Bayan of injured PW.1 Chandra Pal who happen to be the brother-in-law (loser) of deceased, wherein he stated that on 7.9.84 at about 9.30 PM, When he and his brother-in-law Tarachand (deceased) were having dinner, Pista Devi who happened to be his sister-in-law (Saali) cracked some vulgar jukes with him and that she was asked not to use abusive language. There was an altercation between him, Pista Devi and Banwari on this issue and they went home which is situated in the same Baada. After a while, accused Pista Devi, Banwari, Bheem Singh, Ramavtar, Mamraj, Girraj, and Banarsi Devi came to the complainant's house laced with Lathis and a lathi blow was inflicted by Pista Devi followed by Bheem Singh who also inflicted lathi blows on his person. Deceased Tarachand who intervened to separate them, was also given a lathi blow on his head by Bheem Singh resulting into his death during that very night. The case, therefore, was registered under Section 302 and 302/34 IPC and on completion of investigation, challan was filed against seven persons and as against Subhash being minor, it was filed in Children Court. Charges under Sections 148, 149, 302, 302/149, 323, 323/149 IPC were read over to the accused who denied committing any crime and claimed trial. In order to prove its case, prosecution examined as many as 17 witnesses namely Chandra Pal PW.1, Vimla Devi PW.2, Ashok PW.3, Masuddin PW 4, Kishan Lal PW.5, Gita Devi PW. 6, Dr. Raghuvir Singh Gaur PW.7 Sadhu PW. 8, am Avtar PW. 9, Dr. Ramesh Chandra PW.10, Mahavir PW.11, Jagdish Prasad PW.12 Shakala PW.13. Prabhu Dayal PW.14, Bhanwar Singh PW.15, Ashok Trivedi PW. 16 and Ramakaran PW. 17 in and produced documentary evidence Ex. P/l to Ex. P/28. Statements of the accused were recorded under Section 313 Cr.P.C. wherein they pleaded that it was the complainant party who on Pista Devi's asking Chandra Pal to return her money, beat her with lathis and consequently Banwari and Ramavtar who came to rescue, were inflicted injuries by the complainant side. Some of them took a plea of alibi. They examined two witnesses in defence. Learned trial Court, after considering the entire record as well as submissions of counsel for both the parties, vide its judgment dated 11.6.86 acquitted all the accused from the charges under Sections 302, 302/149 as well as accused Ramavtar Mamraj, Girraj, Banwari and Smt. Banarsi Devi from the charges under Section 148 IPC. Bheem Singh, Pista Devi, Ramavtar, Mamraj and Girraj were found guilty and awarded sentences as mentioned above for offence under Section 147, 325/149, 323/149 IPC, Accused Appellant Banwari and Banarsi Devi; were granted benefit of Probation of offenders Act on account of their old age while convicting for the said offences.

(3.) It is relevant to mention that accused appellants Ramavtar, Mamraj, Banwari and Smt. Banarsi Devi died during the pendency of these appeals and proceedings as against/by them stood abated vide order dated 11.3.2010.