MANGU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As many as five accused persons namely (1) Bhanwar Singh, (2) Mangu Singh 5/0 Pyar Singh. (3) Shankar Singh, (4) Poor Singh and (5) Mangu Singh Sb Bhanwar Singh were arranged before the learned Sessions Judge, Jhalawar for having committed murder of Amar Singh in Sessions Case No. 243/94. Two other accused Shodan Singh and Madan Singh being juvenile were chargesheeted before the Juvenile Court. Learned Sessions Judge, Jhalawar vide Judgment dated 27/7/1996 convicted the appellant for the offence u/s. 302 r/w 34 IPC and sentenced him to undergo imprisonment for life. The coaccused Bhanwar Singh, Shankar Singh, Poor Singh and Mangu Singh Sb Bhanwar Singh were however acquitted. Against this judgment of conviction, that the accused appellant Mangu Singh Sb Pyar Singh has filed the instant appeal.

(2.) As per the prosecution case an oral report came to be instituted by Bhawani Singh (PW -2) with the Police Station Gangdhar. District Jhalawar on 8/6/1994 at 4.00 p.m. with the averments that at around 1.00 p.m. while he along with his brother Amar Singh (now deceased) was sitting in his house, Madan Singh Sb Mangu Singh came over there and told Amar Singh that his father needed him at the well, Amar Singh thereupon accompanied Madan Singh and proceeded towards the well. After some time, on hearing hue and cry he together with Peeru Singh rushed towards the well. There he saw Mangu Singh sb Bhanwar Singh and Mangu Singh Sb Pyar Singh armed with sword and Bhanwar Singh Shodan Singh, Poor Singh and Shankar Singh with the pharsis. They all had surrounded his brother Amar Singh and were inflicting blows with sword and pharsis on the person of Amar Singh, Mangu Singh inhabitant of Lakhahedi gave sword blow on his head, whereas Shodan Singh and Poor Singh inflicted lathi blows on the face and hand of Amar Singh. In the course of the incident Mangu Singh inhabitant of Harnikheda also sustained injuries. The cause of the incident was enmity between Mangu Singh inhabitant of Harnikheda and Amar Singh. Because of the injuries Amar Singh succumbed at the spot. The police registered FIR No. 74/94 against the accused persons for the offences under Sections 147, 148,149 and 302 IPC and the investigation commenced. The site plan was drawn and the statements of witnesses under Section 161 Cr. P.C. were recorded. Sword and pharsis were recovered at the instance of accused persons. On conclusion of the investigation the charge-sheet was filed. In due course the case came up for trial before the learned Sessions Judge, Jhalawar.

(3.) The charges u/ss. 148 and 302 r/w 149 IPC were read over and explained to the accused persons, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 11 witnesses. In the statements recorded u/s. 313 Cr. P.C., the accused claimed innocence: No witness in defence however was examined. On hearing final submissions, learned Sessions Judge convicted the accused appellant, as indicated herein above.