RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON being charged with and convicted for the murder of four persons, namely; Manohar Singh, Nagu Singh, Inder Singh and Bapu Singh along with 22 other accused persons, the appellants have preferred this jail appeal against the judgment passed by the learned trial court on 13th February, 2004.

(2.) EARLIER, against the aforesaid impugned judgment passed by the learned trial court, the accused Kalu Lal, Inder Singh, Bal Chand, Suresh, Ram Prasad and Shri Ram had filed an appeal (313/2004). Another appeal (339/2004) against the judgment of the learned trial court was filed by Prahlad Singh, Babulal, Bhagwan Singh, Amar Singh, Bapu Lal, Kanti Ram and Ram Prasad. Co-accused Prithvi Singh, Jagdish, Man Singh, Nand Ram and Prahad had filed a separate appeal (385/2004). Likewise, an appeal (428/2004) was preferred by Bahadur Singh, Tanwar Singh and Man Singh. A separate appeal (1096/2004) was filed by Prahlad Singh against the judgment passed by the learned trial court. Though the present appellants were also convicted and sentenced by the learned trial court vide judgment dated 13th February, 2004 along with aforesaid 22 accused persons but they did not file any appeal at that time. Ultimately, the accused appellants Ram Singh and Kesar Singh submitted this appeal from jail challenging the impugned judgment passed by the learned court below. Taking into consideration the circumstances and holding that the delay appears to be bonafide, the application under section 5 of the Limitation Act was allowed by the court on 19th April, 2010 and the delay in filing the appeal was condoned. The appeal came up for hearing before us on 3rd March, 2011 and the arguments were concluded by both the sides.

(3.) ON perusal of the evidence on record, it is revealed that the prosecution case is based on ocular evidence of injured witnesses Amar Singh (PW-15), Ishwar (PW-12), Lal Singh (PW-14), Chain Singh (PW-17) and Smt. Bhura Bai (PW-24). The prosecution witness Amar Singh has by and large reiterated before the trial court the version given by him in the parcha bayan (Ex.P-17). The said statement of Amar Singh has been corroborated by the statement of Ishwar Singh, Lal Singh, Chain Singh, Barji Bai and Smt. Bhura Bai.