SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21st September 1989 passed by learned Additional Sessions Judge, Bharatpur in Sessions case No. 18/86.

(2.) BROADLY speaking, the facts of the case are that Karan Singh (PW 2) lodged a report at Police Station Sewar at 9.15 a.m, on 17th March, 1988 about an incident allowed to have taken place on the same day at 8.00 a.m. The prosecution case, as given out in the said report, is that the informant's son Tulsi had gone in Jangle to meet the call of nature and while he was returning, he was surrounded by the appellants and one Bhopal. Against the appellants a further accusation was also made that they caused injuries to Tulsi with spears on his chest, neck and lumber region. On account of the injuries sustained by him, Tulsi died. In the report it was also given put that on a noise, Amar Singh and Man Singh report witnesses came on the spot to rescue Tulsi but in the meantime other accused persons viz., Bhopal Singh, Bal Mukund, Chandan Singh, Panna and Dhulera arrived on the spot and they assaulted Amar Singh and Man Singh with lathis. As per the said report, Dharma Singh, Madan and other person came on the spot subsequently. It was alos mentioned in the said report that the dead body of Tulsi was placed on the road lifting it from the place of incident.

(3.) ALL the accused -persons were charged Under Sections 148, 302/149 and 323 IPC by the learned Addl. Sessions Judge No. 1, Bharatpur were the accused persons were tried in the above -mentioned Sessions case.