POPPY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant against the judgment and order dated 12. 8. 1991 passed by the learned Addl. Sessions Judge No. 1, Sri Ganganagar in Sessions Case No. 30/88 by which he acquitted the accused Najar Singh, Pala Singh, Hakam Singh, veer Singh, Sewa Singh and Gurjant Singh of the charges for the offence under Sec. 147, 148, 302 alternatively 302 read with 149, 323 alternatively 323/149 IPC and further acquitted the accused appellant of the charges for the offence under Sec. 147, 148, 302, 323 and 323/149 IPC, but convicted him for the offence u/sec. 304 Part-I IPC and sentenced him to undergo five years' rigorous imprisonment and to pay a fine of Rs. 5000/-, in default of payment of fine, to further undergo one year RI.

(2.) THE facts giving rise to this appeal, in short, are as follows:- On 24. 5. 1988, PW 1 Daleep Kaur lodged an oral report (Ex. P/1) with the Police Station Kesrisinghpur District Sri Ganganagar before PW 10 Prithvi Singh stating inter-alia that near her house there was a house of the accused Najar Singh and before that incident, the accused Najar Singh had got conducted a raid in her house in respect of illicit distillation of liquor and thus, there was ill will inter-se between the parties. She has further stated that on the preceding night at about 9. 00 PM, when her husband Jaga Singh (hereinafter referred to as the deceased), her son Bhura Singh (PW. 2) and nephew Kaku Singh after taking meal were going to irrigate the field and reached near the house of accused Najar Singh, she heard `rolla' of "mar-diya' and on hearing such "rolla", she alongwith Mst. Naseeb Kaur, her daughter-in-law and Gudi, her daughter went to the site and found that near the house of accused Najar Singh, the accused appellant was armed with Gandasi, his father accused Sewa Singh was armed with Soti, accused Nazar Singh was armed with Sela, accused Pala Singh was armed with Kasia, Janta Singh and Heera Singh were armed with Lathies and accused Hakam Singh was armed with Gandasi. She has further stated that accused Najar Singh was saying kill the enemy and the accused appellant thereafter gave gandasi blow on the head of deceased and the accused Najar Singh gave a Sela blow which hit on the lower part of the knee of the deceased and as a result of which, deceased fell down on the ground. She has further stated that other accused persons also beat. She has further stated that accused Pala Singh gave Kasia blow on the head of her son Bhura Singh, PW. 2 and rest accused persons also beat PW 2 Bhura Singh and Kaku Singh. She has further stated that she also received injury during the course of occurrence and her husband (deceased) died after some time on the spot. On this report, police registered the case and started investigation. During investigation, post mortem of the dead body of the deceased was got conducted by PW 3 Dr. Jaswant Singh and the post mortem report is Ex. P/2. PW 2 Bhura Singh, PW 1 Smt. Daleep Kaur, Kaku Singh and PW 4 Billa Singh were got medically examined by PW. 3, Dr. Jaswant Singh and their injury reports are Ex. P/3, Ex. P/4, Ex. P/5 and Ex. P/6 respectively. THE accused appellant was arrested though arrest memo Ex. P/26 on 2. 6. 1988 and he gave information for the recovery of Gandasi and that information was reduced into writing by PW7 Prithvi Singh and the same is Ex. P/27 and then, Gandasi was recovered on his instance through fard Ex. P/28. After usual investigation, police submitted challan against seven accused persons including the present accused appellant in the Court of Magistrate, from where the case was committed to the Court of Session. On 17. 1. 1989, the learned Addl. Sessions Judge No. 1, Sri Ganganagar framed charges for the offence under sections 148, 147, 302 alternatively 302/149, 323 alternatively 323/149 IPC against the accused Najar Singh, Pala Singh, Hakam Singh, Veer Singh, Sewa Singh and Gurjant Singh and for the offence under section 148, 147, 302, 323 alternatively 323/149 IPC against the accused appellant. THE charges were read over and explained to the accused persons. THEy denied the charges and claimed trial. During trial, the prosecution in support of its case examined as many as 10 witnesses and got exhibited some documents. THEreafter, statements of the accused persons under section 313 Cr. P. C. were recorded. In defence, no evidence was produced by the accused persons.

(3.) BEFORE proceeding further, first medical evidence produced by the prosecution in this case has to be seen.