NANDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Briefly stated, the facts leading to aforesaid appeals are that on 13.06.96 Ummed Singh, Constable No.1063 N.W., Police Station, Mangolpuri, Delhi submitted a written report Ext.P1 to S.H.O. Police Station Tapukada at the site of occurrence stating therein that he along with Om Prakash, Head Constable No.331 started on 12.06.96 at about 7.30 p.m. on Chetak Classic Scooter of Om Prakash, which was without any number being new, and reached the house of the in-laws of Om Prakash at Tapukara at about 12.15 in the night and stayed there. Next morning, at about 5.30 a.m., he along with Om Prakash on the scooter of Om Prakash and Devendra, brother-in-law of Om Prakash on his scooter left in search of absconding accused Chandra Mohan Pandit of FIR No.182/96 Police Station Mangolpuri, Delhi from Tapukara. On reaching villages Sarekalan and Sarekhurd, they made enquiries about him and on getting source information went to village Indore. On reaching there, they parked their scooters near a culvert in front of a school and went on foot in plain dress to the culvert near Chamaron ki Dhani. They found one sand dune towards east of the said culvert. Beyond that sand dune there was one thatched hut on the hillock which belonged to Ninder Singh alias Nandi, Rai Sikh. According to source information, Chandra Mohan was available in the said thatched hut. Om Prakash, Head Constable, told them in the culvert that he had a pistol with him and only this has to be ascertained whether Chandra Mohan is there or not. He told them that he would go alone to find out and asked them to stay back in the culvert itself. If Chandra Mohan is there he will inform the local police on his return and after a raid arrest him. Both of them stayed back. Om Prakash went towards the thatched hut of Nandi from northern side but after 4-5 minutes he was returning from the said thatched hut from the southern side and he was being followed by two persons, namely, Chandra Mohan Pandit and Manjeet S/o Nandi, who were known to him as he had met them earlier also. As soon as Om Prakash reached near the exotic oak in the culvert, Chandra Mohan fired on him from the back. Om Prakash ran but Manjeet came running in front of him and Chandra Mohan fired two bullets in the back of Om Prakash. Manjeet also fired one bullet on Om Prakash from the front. Om Prakash fell down. As they were without any arms and it is well known about Chandra Mohan that he fires immediately on seeing a policeman, they did not come forward and hid themselves in the bushes of exotic oak. After Om Prakash had fallen down, Chandra Mohan took away the 9 m.m. Govt. pistol from his belt, his wrist watch, gold ring from his finger, identity card and they ran away towards the hillock. Thereafter, they raised an alarm and on hearing the noise many persons assembled there. One boy was sent for informing Mehndi Police Chowki. They were asked by the villagers not to go there as the village of those persons comes in the way and there is a threat to their lives. After some time, he along with Devendra came to the school so that they could take the police directly to the place of occurrence. When they reached the school, one white Fiat car bearing number DVG 9913 in which three persons including Nandi were seated, came towards Sarekhurd, and went towards the place of occurrence. After a while the car went towards Sarekhurd. When the police did not reach the spot for about 15 minutes, then he alongwith Devendra left for Police Station Tapukara. When they reached the culvert near village Sarekhurd, one black Ambassador Car No.D-21-1329 driven by Amar Singh was approaching. Nandi and Ranjeet and two other persons were sitting in it. Amar Singh, Nandi and Ranjeet were sitting on the front seat of the car. They thought of following the car as they apprehended that the aforesaid persons may take away the dead body of Om Prakash in the car. They followed on their scooter which stopped after going a short distance. They cleaned its plug, etc. and after starting it again went towards the site of occurrence. Some Gujars were standing in the way with lathis near the school. They had collected stones at two places and stopped them and wanted to beat them. He told them that he is a policeman from Delhi and showed them his identity card. They informed him that his companion has sustained bullet injuries. He told them that he has been murdered. Then they permitted them to go. When they had gone about 100-150 yards ahead, the aforesaid Ambassador Car was coming from the side of culvert at high speed. They stopped the scooter near a tree and chased the car on their scooter. When the villagers wanted to stop the car, the driver of the car tried to run over the villagers but they broke the glasses of the car with lathis and stopped it. Nandi got down from the car and removed the stones from the way and tried to run with the car but the villagers beat him. He overpowered Amar Singh. Devendra took the keys of the car. Two persons alighted from the car and tried to run away. One person was coming on Om Prakash's scooter. He left it immediately and ran away. The villagers raised an alarm and told him that the person on the scooter was Ranjeet, son of Nandi. Out of the two persons who alighted from car and started running one was caught by the villagers. He gave his name as Dalbeer Singh alias Kali, resident of Seshan, District Bhraratpur. The other person who was successful in running away was Surjeet Singh, son of Sher Singh, resident of Seshan, District Bharatpur. With the key, he opened the boot (diggi) of the car from which blood was coming out, and found that the blood stained dead body of Om Prakash was lying in it. The villagers caught hold of Nandi, Amar Singh and Dalbeer Singh and detained them in the school. They sent one person on the tractor to give information to the police outpost. Later on, one Doctor came there on a scooter and he was also sent for giving information to the police outpost. After some time, the police reached the spot and the villagers mentioned that the boy who was sent for giving information earlier was threatened by the accused persons and had returned back without giving the information. They also informed the police that Om Prakash was fired at around 7.30 or 7.45 a.m.

(2.) The aforesaid written report was sent for registration of case through Udai Singh, Constable No.1184 on which FIR No.155/96 was registered. Om Prakash Tehlan, SHO Police Station Tapukara PW-20 inspected the place of occurrence on 13.06.96 and prepared site plan Ext.P2. The site plan Ext.P3 was prepared of the spot from where the dead body was recovered. Three pellets, plain earth, blood stained earth, Ambassador Car, belt and Chappals of Om Prakash were seized vide Ext.P5 to P7. Accused Nandi alias Ninder Singh, Dalbeer and Amar Singh were arrested vide Ext.P10 to P12. A Fiat Car was recovered on 13.06.96 vide memo Ext.P13 while the scooter, on which deceased Om Prakash went to the spot, was recovered vide Ext.P14. The postmortem of deceased Om Prakash was conducted and its report is Ext.P15. The blood stained clothes of accused Nandi, Amar Singh and Dalbeer were recovered by Memos Ext.P16 to P18. The recovered materials were deposited in the Malkhana Register of Police Station vide entry Ext.P23. The clothes being worn by deceased Om Prakash were recovered on 14.07.96 vide memo Ext.P24. The statements of witnesses were recorded under Section 161 Cr.P.C. and after investigation the police submitted a report under Section 173 Cr.P.C. against seven persons in the Court of Judicial Magistrate, Tijara. Amar Singh, Nandi alias Ninder Singh, Dalbeer Singh and Ranjeet Singh were present in the Court while report was submitted against Manjeet Singh, Chandra Mohan and Surjeet under Section 299 Cr.P.C. for offences under Sections 302 read with 120 B and 394 IPC. The learned Judicial Magistrate, Tijara committed the accused persons for trial to the learned Additional Sessions Judge, Kishangarhbas from where the case was transferred to the learned Additional Sessions Judge (Fast Track), Kishangarhbas on 10.08.01. Subsequently, accused Dalbeer Singh absented and proceedings for declaring him absconding were taken up and the Sessions Trial No.220/01, State Vs. Nandi & others proceeded against accused Nandi, Amar Singh and Ranjeet Singh only. Charges for offences under Section 302 read with 120B and 394 IPC were framed. The accused persons pleaded not guilty and claimed trial. The prosecution produced 22 witnesses and 24 documents Ext.P1 to P24 in support of its case. The statements of the accused persons under Section 313 Cr.P.C. were recorded and they did not produce any defence evidence.

(3.) After hearing the parties, the learned Additional Session Judge (Fast Track), Kishangarhbas vide his judgment dated 27.11.02 acquitted accused Ranjeet from offences under Sections 302 read with 120 B and 394 IPC. He also acquitted accused Nandi alias Ninder Singh and Amar Singh S/o Ninder Singh from offence under Section 394 IPC. However, he held accused Nandi alias Ninder Singh and Amar Singh guilty of offence under Section 302 read with 120 B IPC and sentenced each of them to life imprisonment and fine of Rs.5000/- In default of payment of fine, they were ordered to undergo rigorous imprisonment for five years. The accused appellants Nandi alias Ninder Singh and Amar Singh have preferred D.B. Criminal Appeal No.77/07, Nandi and another Vs. State, against the said judgment.