VIJAYPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved of the judgment dated 15.11.2002 passed by the learned Additional District and Sessions Judge (Fast Track) No.2, Bharatpur in Sessions Case No.20/2002, the accused appellant has preferred this appeal under Section 374 Cr.P.C. The learned trial court had convicted the accused appellant for the offences under Section 302/34 IPC and sentenced him to life imprisonment and a fine of Rs.1,000/-, in default of which to further undergo sentence of 6 months R.I.

(2.) The prosecution case was initiated on a written report (Ex.P-1) filed by Vikram Singh (PW-1) before the Station House Officer, Police Station Udyog Nagar, Bharatpur. It was averred in the report that Prabhu Singh, father of the informant had, as usual after dinner, gone to sleep in his Nohra near Pokhar, at about 9.30 pm. on 20.04.2002. Further, it is stated that on the next day early morning at about 4.00 am. when the informant came to the Nohra for providing fodder, etc. to his cattles that he saw Vijaypal Singh and Brijendra Singh, covillagers, along with one other person, near his father. Further, he had seen that Vijaypal was pressing the neck of his father and Brijendra Singh and the other person had caught hold of his legs. It was also stated that Prabhu, the father of the informant was trying to set himself free from the accused persons. On raising of a hue and cry by the informant, Randhir Singh, Hari Singh and Girraj Singh had come at the scene of occurrence. After having seen the informant and other persons, the accused fled away. It was also stated in the report that on the previous day i.e. 20.04.2002, a theft of six bags of grains was committed from a temple. Vijaypal Singh and Brijendra Singh are said to be the persons who had stolen the bags and it was the father of the informant who had seen them. In respect of the theft from the temple, a meeting of the villagers was to be held on 21.04.2002. It was alleged that the accused persons had threatened the deceased Prabhu that they would see as to how he goes before the Panchayat. On account of the said animosity, the accused persons had committed murder of the father of the informant.

(3.) On the aforesaid report, a first information report No.54/2002 (Ex.P/12) came to be registered at Police Station Udyog Nagar, at 12.15 pm. on 21.04.2002 for the offences under Section 302/34 IPC. On conclusion of the investigation, the police filed challan before the concerning Magistrate against two persons, namely Vijaypal Singh and Brijendra Singh. The case was then committed to the Court of Sessions which was thereafter transferred to the Additional District and Sessions Judge (Fast Track) No.2, Bharatpur for trial. The trial in the case commenced with framing of charges against the accused persons for the offences under Section 302/34 IPC. The accused denied the charges and claimed for trial. The prosecution had, in support of its case, produced 13 witnesses and had filed 18 documents which were collected during the course of investigation and were duly exhibited by the learned trial court. Subsequently, the statement of the accused persons were recorded under Section 313 Cr.P.C. wherein it was stated that they have been falsely implicated on account of the enmity with Vikram Singh and his family members. The accused persons had not produced any evidence in their defence. It is to be noted that during the course of trial, the accused Brijendra Singh absconded on 21.08.2002 and as such, the proceeding continued only against the accused Vijaypal Singh. On conclusion of the trial and after hearing both the parties, the learned trial court passed the impugned judgment whereby he had convicted and sentenced the accused appellant Vijaypal Singh, as aforementioned.