STATE OF RAJASTHAN Vs. MANGI LAL & ORS.

JUDGEMENT

(1.) This is an appeal under Sec. 378 (i) and (iii) of the Code of Criminal Procedure against the judgment dated 26th June, 1980, passed by the learned Sessions Judge, Jhalawar in Sessions Case No. 57/1978, whereby the accused persons have been acquitted of the offence under Sections 147 and 302, IPC.

(2.) It has already come on record on 29th Jan., 1990 that accused-respondents No. 2 and 4, namely Nain Singh son of Ram Singh and Chandra Singh son of Devi Singh have expired during the pendency of this appeal and, therefore, the appeal against these accused persons stands abated, and this appeal is now being decided with reference to the other accused persons, namely, Mangi Lal son of Ram Singh, Guman Singh, son of Ram Singh, Bhawan Singh son of Devi Singh, Gheesu lal son of Moti Singh and Udai Singh son of Chandra Singh.

(3.) It was on 1st April, 1978 that in the after-noon Devi Singh resident of Pach-pahar was going to Pach-pahar from Era. In the way, he was rounded up by the accused persons alleged to be armed with lathis and gandasa and Devi Singh was severely beaten. The incident was witnessed by Devi Singh's son-in-law Karan Singh and Karan Singh's younger brother Narwar Singh who belong to a different village Bhawanipur, which is said to be 10 miles away from the place of incident. Both these persons accompanied by one Amar Singh were going to village Era to meet Devi Singh and in the way they witnessed Devi Singh being beaten by the accused persons. Devi Singh was unconscious on the spot and Babu Lai came on the spot after Karan Singh. Narwar Singh and Amar Singh arrived. Devi Singh instructed Babu Lal to call his son Man Singh and thereupon Man Singh son of Devi Singh reached the place of incident. Devi Singh apprised his son about the incident. Devi Singh was taken to the hospital at Bhawani Mandi where he died on the next day, i e. 2nd April, 1978. Man Singh lodged First Information Report of this incident with the Police Station, Bhawani Mandi on the very day. The police filed challan against the accused persons after investigation, under Sec. 147 and 302, IPC. Amar Singh and Babu Lal were not produced as witnesses in the trial Court and the whole case of the prosecution hinges upon the statements of Karan Singh (PW/2 and Narwar Singh (PW/3). The prosecution tried to explain the reason for non-production of material witnesses, namely Amar Singh and Babu Lal by saying that they had been won over by the accused persons. But this explanation is not convincing because Amar Singh is also said to be the relative of Devi Singh and, Babu Lal was the person who was relied upon by deceased Devi Singh himself to call his son Man Singh to his aid through Babu Lal. Although, non-production of these two witnesses may not be fatal to the prosecution case never the less the facts remains that they were important witnesses and since they have been withheld we are left with the evidence of Karan Singh (PW2) and Narwar Singh (PW3), who have been produced as eye-witnesses. The statements of these two witnesses name Karan Singh and Narwar Singh, who were naturally interested in the success of the trial and who happened to be present on the spot by chance, cannot be relied upon unless and until their version is corroborated by other evidence on record.