STATE OF RAJASTHAN Vs. BANNEY SINGH & ANR.

JUDGEMENT

(1.) Respondents Banney Singh and Basant Singh were tried for the charges under Sections 302, 302 read with 34 and 109 I.P.C. by the Sessions Judge. Jaipur City, Jaipur in connection with the murder of one Ibrahim Khan in Roop Basant Hotel, Jaipur. Vide judgment dated Feb. 6, 1982 the learned Sessions Judge acquitted the respondents which caused grievance to the State of Rajasthan as well as the complainant Sattar. Hence, the State of Rajasthan preferred appeal bearing No. D.B Criminal Appeal No. 382 of 1982 and Complainant Sattar came in Revision beading No. D.B. Criminal Revision Petition No. 206 of 1982.

(2.) As the appeal as well as the revision petition arise out of the same judgment, we propose to dispose them of by one judgment.

(3.) Succinctly narrated the prosecution case leading to the trial of the respondents, present appeal and revision petition, is that on Aug. 31, 1981 at about 5.00 p.m. deceased Ibrahim Pahalwan was taking food in the upper storey of Roop Bisant Hotel at Station Road. Jaipur. His friend Abdul Sattar (PW. 4) who had come to see him and was waiting for him down stairs, on hearing his cries rushed up stairs and saw Roop Singh (co-accused since discharged by the trial Court) standing on the stairs and Basant Singh respondent inflicting knife blows to Ibrahim Pahalwan lying down and Banney Singh respondent instigating Basant Smgh to kill Ibrahim Khan. Abdul Sattar restrained them bat in vain. He then ran away to the shop where Sattar (PW. 1), brother of the deceased, was working and informed him about Banney Singh and his sons causing knife injuries to his brother and asked him to inform the police. Sattar (PW. 1) went to the Police Station nearby and informed about Banney Singh etc. causing injuries to his brother. He then rushed to the place of occurrence. Abdul Sattar (PW. 4), Inayat Ali (PW. 2) and Bundu Khan (PW. 3) also accompanied him up stairs. At that time they saw Roop Singh and Basant Singh with blood stained clothes coming down stairs and running away from there. Basant Singh is said to be having a knife in his hand at that time. Immediately thereafter, Leeladhar Sharma (PW. 14). Station House Officer, Thana Sadar reached the site and found Ibrahim in injured condition. He was sent with the Police to the hospital. He recorded the statement of Sattar (PW. 1) brother of the deceased and sent that statement Ex. P/2 to the Police Station for registering the case and he himself proceeded with the investigation. He prepared site plan Ex. P/3 and site inspection memo Ex. P/3A. Banney Singh present at the site was arrested vide memo Ex. P/7 and his blood stained clothes were taken in possession and sealed. The SHO then went to the hospital where Ibrahim breathed his last. Panchayatnama of the dead body was prepared. The autopsy over the dead body was conducted by Dr. B B.L. Goswami (PW. 13). Medical Jurist, Sawai Mansingh Hospital, Jaipur and postmortem examination report Ex. P/9 was prepared. The Doctor noted 15 injuries on the dead body caused by sharp and blunt object. On Sept. 1, 1981 SHO Leeladhar Sharma (PW. 14) arrested Basant Singh vide memo Ex. P/8 and on his information recovered one blood stained bushirt Ex. 2 from over a cot in the house of Nathu Balai. On Sept. 3. 1981 in pursuance of the information furnished by Basant Singh, the SHO recovered one blood stained knife Ex. 1 vide Ex. P/11 from the room in Roop Bisant Hotel lying in the clothes. The SHO had on the date of occurrence also taken in possession the blood stained clothes of Abdul Sattar (PW. 4).