PADAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the thirteen appellants who have filed these appeals, were initially tried by the learned Sessions Judge Bharatpur in Sessions Case No. 162/93 arose from the FIR No. 204/93 registered at Police Station Nadbai Distt. Bharatpur for offences punishable under Sections 147, 302 and 302 read with 149 IPC. Thereafter appellant Hari Singh was declared absconder on May 5, 1994 and after his arrest, separate trial was ordered. Learned Sessions Judge Bharatpur vide judgment dated February 20, 1996 convicted appellants Padam, Veer Singh, Sangram, Panchya, Man Singh, Rammo, Bijendra Singh, Ajab Singh, Dharab Singh, Roop Singh, Dauji and Kishan Lal under Sections 147 and 302 read with Section 149 IPC and sentenced each of them against Section 147 IPC to undergo one year rigorous imprisonment and against Section 302 read with Section 149 IPC to undergo imprisonment for life. Vide judgment dated June 14, 2000 the appellant Hari Singh was also convicted by the learned Additional Sessions Judge No. 2 Bharatpur under Sections 147 and 302 read with Section 149 IPC and sentenced against Section 147 IPC to undergo rigorous imprisonment for one year and to pay fine in the sum of Rs. 500/- (in default to further undergo one month R. I.) and against Section 302 read with Section 149 IPC to undergo imprisonment for life and to pay fine in the sum of Rs. 1000/- (in default to further undergo two months R. I. ). Since these appeals arise out of a common FIR and the evidence adduced against the appellants is also common, we heard them analogously and propose to dispose them by this common judgment.

(2.) BRIEFLY put, the facts may be summarised as follows- The two deceased Gopal and Prathvi Singh, on fateful day of July 1, 1993 around 8 a. m. were together going on a Motor Cycle towards village Nadbai. When they reached near Dharamshala of Kishori Master, they found all the appellants armed with lathies, who gathered there with a common object to kill Gopal and Prathvi Singh. In furtherance to this common object all the appellants surrounded Gopal and Prathvi Singh, prevented them from escape and inflicted on them lathi blows mercilessly. Appellants Hari Singh and Man Singh run them over by Motor Cycle and after found them dead left the place of incident by shouting victory slogans. FIR of the occurrence was instituted by Sher Singh (PW. 1) with the Police Station Nadhai on July 1, 1993 at 12. 15 p. m. according to which Sher Singh, his son Gajendra Singh (PW. 3) and nephew Ramveer Singh happened to be there while going in a jeep and they had seen the incident from their own eyes. Names of other eye witnesses Makhan (PW. 5) and Devi Singh (PW. 6) were also incorporated in the FIR. It was also stated that dead body of Gopal was lying in the Govt. Hospital Bharatpur while Prathvi Singh was admitted in the said hospital in a critical condition.

(3.) BEFORE however, dealing with the contentions raised by the learned counsel for the appellants, we might indicate the nature of the evidence produced by the prosecution in support of its case. We make it clear that we are considering the evidence adduced in Sessions Case No. 162/1993. In the first place there is the evidence of four eye witnesses namely Sher Singh (PW. 1) Gajendra Singh (PW. 3) Makhan Singh (PW. 5) and Devi Singh (PW. 6 ). The evidence of these eye witnesses is said to be corroborated by the dying declaration of deceased Prathvi Singh (Ex. P. 58) and the post mortem reports of the deceased Gopal and Prathvi Singh.