JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these jail appeals arise from the judgment dated 05.11.2004 passed by the Addl. Sessions Judge (Fast Track) No.3, Udaipur (Camp Salumbar) in Sessions Case No.22/2004, whereby, the trial Court convicted the appellants for offences under Sections 148, 341, 302/149, 323 and 324, I.P.C. and sentenced each of the appellants as under :

(2.) As per the complainant, he immediately went to the house of P.W.-2 Sardar Singh, Sarpanch of the area and Kure Singh who came at the spot and, thereafter, P.W.-2 Sardara Singh gave information by telephone to the Police Station Pahara. At that time, his father and mother were lying in the field of maze. As per the complainant, his father suffered fractures of his right hand and leg and also received injuries on his head and his mother also received severe injuries upon her body which resulted in death of both his father and mother. As per the allegation of the complainant, there was dispute of land between his elder father (his father's elder brother) and father, due to which, the occurrence took place and due to severe beating by the accusedappellants his father and mother both died.

(3.) Upon the said complaint, FIR No.157/2000 was registered at Police Station Pahara (District Udaipur) and investigation commenced. The investigating officer, after completing the investigation and arrest of the appellants, filed challan against all the appellants and one Manohar Singh, juvenile, in the Court of Judl. Magistrate, Kherwada from where the case was committed to the Court of Sessions and, later on, the same was transferred to the Addl. District Judge No.2, Udaipur where after framing of the charges, the learned trial Court proceeded to try the case. Learned trial Court passed order for separate trial of juvenile Manohar Singh, by which, his case was transferred to the Juvenile Justice Board, Udaipur and separate trial was conducted there. Before the trial Court, to prove the case, the prosecution adduced evidence and, in all, 20 prosecution witnesses were examined by the trial Court. Thereafter, statements of 313, Cr.P.C. were recorded and 3 witnesses were produced in defence. At the trial, number of documents were also exhibited to prove the case from the prosecution side. Following witnesses were produced before the trial Court to prove the prosecution case.