KARNI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals have been preferred by the appellants Karni Singh and Sarjeet Singh respectively for assailing the judgment dated 30.05.2016 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Cases), Bikaner in Sessions Case No.23/2010, whereby the appellants were convicted and sentenced as below :-

(2.) Being aggrieved of their conviction and the sentences awarded to them, the appellants Karni Singh and Sarjeet Singh have preferred these two appeals under Section 374 (2) CrPC. As the appeals arise out of a single judgment, they are being heard and decided together.

(3.) Brief facts relevant and essential for disposal of the appeals are noted hereinbelow. The complainant Taruram Nayak (P.W.1) approached the Police Station Bichhwal, District Bikaner on 17.03.2010 at 1.00 p.m. and submitted a written report (Ex.P/1) alleging inter alia that his uncle Magharam Nayak was a shepherd by profession. On 16.03.2010 in the morning at about 9 o'clock he went from the village for grazing the goats. He was having about 60 to 70 head of goats, out of which, 35 belonged to the complainant. Magharam did not return home in the evening after grazing the goats, on which, the complainant became worried and in the next morning, i.e. on 17.03.2010, he went to Rohi of Village Kanasar to look out for Magharam and his goats. A search was made near the field of Prithvi Singh and the 44 puliya, but it did not prove fruitful. When the complainant reached the Village Kanasar, Arjun Singh Rajput (P.W.7) told him that his uncle's dead body was lying underneath the shrubs in the field of Mohabbat Singh. Arjun Singh also told the complainant that the signs of violence and dragging of the dead body were visible at the place of incident. On receiving this information, the complainant proceeded to the spot and found that what Arjun Singh had stated was true. By looking at the Magharam's dead body, he realized that someone had killed him by giving blows on his head. The goats sent to graze with Magharam had strayed and were found near the Village Khara. It was, thus, alleged that his uncle Magharam had been murdered by some unknown person in the evening at about 4 to 5 o'clock on 16.03.2010.