BHOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS were tried for the charges Under Section s, 147,302 and 302/149 IPC by the Sessions Judge, Pali who vide judgment dated August 10, 1987 held them guilty Under Section 302 read with Section 149 and 147 IPC and sentenced them each to imprisonment for life for the first count and one year's R.I. on the second count with an order that both the sentences shall run concurrently.

(2.) BRIEFLY stated the prosecution case against the appellants was that they feeling annoyed with deceased Bhurgiri on account of his siding one Bhanwarsingh, who is said to have given a beating to one Bhopsingh four days prior to the date of incident i.e. June 18, 1984 gave a beating to Bhurgiri with lathis while he was grazing his cattle at about 9 -10 A.M. On hearing his cries of 'MARE RE MARE RE' his brother Roopgiri (PW 1) who at the time was standing outside the house of Modia Bhambhi (PW 14) went to the site along with Modia and saw the six appellants giving a beating to Bhurgiri while he was standing as well as after his falling on the ground. Binjaram (PW 7) is said to have reached the site prior to Roopgiri and Modia. After the assailants leaving the place, Roopgiri and Modia with the help of Narainal (PW 10) and some children brought injured. After Bhurgiri on a cot to his house. Oil with coal was given to the injured. After that Roopgiri (PW 1) went to fetch some vehicle to take Bhurgiri to the police Station. He returned in the evening. Meanwhile Bhurigiri had breathed his last a little while after Roopgiri leaving the house in the morning. Roopgiri went to Police Station Guda Endla and lodged the report Ex.P/1 scribed by Champlain (PW 9) and gave it to Mangilal (PW 15), S.H.O. of that Police Station. Case Under Sections 302, 147, 148 and 149 I.P.C. was registered. The S.H.O. went to the site along with the informant and proceeded with the investigation. He prepared all the necessary memos. On June 19, 1984 at, 11.45 A.M. Dr. Arvind Kumar Nawal (PW 16), Medical Officer, In charge Government Dispensary, Gundej conducted the Postmortem examination of the dead body of Bhurgiri and prepared the postmortem examination report Ex.P/20. The Doctor noted following injuries on the dead body: 1. Abrasion 1 cm x 1/2 cm. on front of forehead. 2. Bruise 7 cm. x 3 -cm. oblique rt. back of elbow joint. 3. Bruise 4 cm. x 3 cm. on oblique It. back of elbow joint & arm. 4. Contusion 6 cm. x 4 cm. on right front of knee joint. 5. Contusion 3 cm. x 2 cm. oblique on right upper 1/3rd of front of leg. 6. Contusion 3 cm x 2 1/2 cm. on left upper one third of leg. 7. Bruise 12 cm. x 3 1/2 cm. oblique back on It. shoulder joint. 8. Bruise 10 cm x 4 cm. oblique on right back of shoulder region. 9. Bruise 16 cm x 3 cm. on oblique left lower back of chest. 10. Bruise 9 cm x 3 cm oblique left lower lateral side of chest 11. Bruise 7 cmx 3 cm. on oblique on upper left lateral side of chest. 12. Bruise 10 cm x 4 cm. oblique on lower right side of chest. 13. Bruise 10 cm x 3 cm. oblique on right back of lumber region. 14. Bruise 7 cm x 3 1/2 cm. on back of It. lumber region. 15. Bruise 4 cm. x 3 cm. back of neck. 16. Abrasion 5 cm x3 1/2 cm. on left lateral side of chest.

(3.) UPON completion of investigation charge sheet against the appellants was filed in the Court of CJM, Pali. The case on committal reached the Court of Sessions Judge Pali. The learned Sessions Judge charge sheeted the appellants as stated above and recorded their pleas. On their denial of the charges, trial proceeded. Prosecution examined sixteen witnesses in all the substantiate its case. In their statements Under Section 313 of the Code of Criminal Procedure appellants Sardarsingh, Roopsingh and Prabhusingh pleaded alibi. Jai singh and Chhogsingh denied the allegations. Bhopsingh stated the Bhurgiri along with Bhanwarsingh was illegally cutting the wood from the jungle and on being restricted felt annoyed. That, Bhanwarsingh and Bhurgiri had given a beating to Bhopsingh (DW 1) son of Bhanwarsingh sustained injuries and gave a beating to Bhurgiri. Seven witnesses were examined from the defence side. The learned Sessions Judge placed reliance on the prosecution evidence relating to the occurrence and passed the judgment under appeal.