BALJINDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 09.12.1996 passed by the Additional Sessions Judge, Raisinghnagar convicting the appellants Sukhdev Singh and Baljinder Singh for offence under Sections 302, 302/34 IPC respectively. Both of them have been sentenced to imprisonment for life and to pay a fine of Rs. 100/ -and in default of payment to further undergo 10 months simple imprisonment. Both of them have also been convicted for the offence under Sections 324 and 323 IPC.

(2.) BRIEFLY stated the prosecution case is that on 21st July, 1994 at about 8.30 AM PW -3 Prakash Singh lodged an oral First Information Report stating inter alia that on 21st of July, 1994 at about 8.30 PM he heard the out cry of the wife of Mastan Singh. When he rushed to the spot, PW -6 Baljinder Singh disclosed that Mastan Singh and Richpal Singh had gone to the shop for marketing where a quarrel had taken place. He went to the shop of Nandram. Accused Lal Singh, Baljlnder Singh and Sukhdev Singh were beating to his son Richpal Singh and Mastan Singh by 'Gandasi'. Lal Singh was exhorting them. Receiving the injuries Richpal Singh and Mastan Singh fell down on the ground. Baljlnder Singh and Sukhdev Singh attacked on him. Sukhdev Singh gave a 'Gandasi' blow on his head, Baljlnder Singh also gave a blow of 'Gandasi' which struck on his thigh. He also sustained injuries on the other parts of the body. Hearing the out cry, PW -4 Jagir Singh, PW -7 Sohanlal, PW -11 Nandram arrived at the spot and intervened. Mastan Singh also sustained injuries. He also stated that as during night no means were available, his both the sons Richpal Singh and Mastan Singh were taken to the hospital at Anoopgarh in the morning. The police registered a case for offence under Sections 307, 324, 323 IPC and proceeded with the investigation. On 28.07.1994, Richpal Singh died in the hospital at Jaipur and as such offence under Section 302 IPC was added. After usual investigation, police Lald chargesheet against the accused persons for offence under Sections 302, 302/34, 324, 323 IPC.

(3.) WE have scanned, scrutinised and evaluated the prosecution evidence exhaustively and considered the rival contentions. The prosecution in support of the case has produced eye witnesses namely PW -1 Nandram, PW -2 Mastan Singh, PW -3 Prakash, PW -4 Jagir Singh, PW -6 Balwinder Kaur and PW -7 Sohan Singh. The prosecution has also produced the evidence of recovery of blood stained 'Gandasa' from the possession of Sukhdev Singh. It is not in dispute that Richpal Singh died of homicidal death. The presence of the injured eye witnesses PW -2 Mastan Singh and PW -3 Prakash Singh is also not disputed. It Is significant to notice that just after the incident at about 11.10 PM, the appellant Baljinder Singh also lodged a First Information Report which was registered as FIR No. 210/1994. He stated that he alongwith Sukhdev Singh had gone to 18 APD to enquire about the labourers. When they were on the shop of Nandram, Pratap Singh and Richpal Singh also arrived on the spot armed with 'Gandasis'. They enquired from them the reason for their visit to the village. They disclosed that they had gone to enquire about labourers. He also stated that there was a quarrel between them and Prakash Singh etc. with respect to the land. He also stated that Prakash Singh gave a 'Gandasi' blow on his head. Mastan Singh and Richpal Singh gave blow by 'Lathis' and 'Gandasi' on account of which, an injury was sustained on the palm. On this information, police registered a case for offence under Sections 324, 323 IPC. It is stated that subsequently the police filed the Final Report in the said case. However, on protest, a case was registered against Prakash Singh and Mastan Singh. It is stated at Bar that cognizance was taken against both the persons and trial took place. In the trial both the persons have been acquitted.