BANWARI & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The six accused-appellants, namely - accused No. 1 Banwari, Accused No. 2 Sher Singh, Accused No. 3 Shisupal Singh son of Laxman Singh, Accused No. 4 Hawa Singh, accused No. 5 Vikram Singh, and accused No. 6 Mohar Singh along-with two more accused persons namely Shishupal Singh s/o Ladu Singh, and Kamal Singh, who will hereinafter be referred to as accused No. 7 and 8 respectively, were tried by the learned Sessions Judge, Jhunjhunu for various offences including offence under Sec. 302 or 302/149 Penal Code and the learned Sessions Judge under his judgment dated Feb. 22 1990 acquitted accused No. 7 and 8, whereas accused Nos. 1 to 6 were convicted and sentenced as under:- <FRM>JUDGEMENT_61_LAWS(RAJ)9_19911.html</FRM> The substantive sentences were ordered to run concurrently.

(2.) One Rajendra Singh son of Mool Singh by caste Thakur, was murdered and a report was lodged by Mool Singh on June 30, 1976 in Police Station, Chirawa. After investigation a charge-sheet No. 27 was filed on July 30, 1976 in which as many as 13 persons were arrayed as accused persons and it will appear from a perusal of the aforesaid charge-sheet which has been produced and marked as Ex. D/13 that among the accused persons Hanuman son of Sanwal Ram PW. 13 was one of the accused person in that case. Besides him, Mool Singh, son of Dayala Ram, PW. 1 and sons of Hanuman Jat were also accused persons. Deceased Sajjan Singh alias Dhanna, brothers of PW. 2 Kamal Singh along with Mahendra Singh and Banwari were also accused in that case. Ultimately, in that case, the accused persons were acquitted by this Court. It can therefore be said that there was enmity in between PW. 1 Mool Singh and deceased Sajjan Singh alias Dhanna on one hand and some of the accused persons on the other. This fact is not disputed by the learned counsel for the parties.

(3.) On Oct. 30, 1986, at about 4 p.m. Kamal Singh PW. 2, son of Hanuman Singh, is alleged to be going from bus stand to Kabutarkhana and when he was near the Panchayat Samiti, it is alleged that accused No. 2 Sher Singh, accused No. 3 Shishupal Singh alongwith accused Kamal Singh and Juhar Singh son of Hanuman Singh, Mahendra Singh son of Juwar Singh were present and they abused him and when he asked them not to do so, accused Sher Singh is alleged to have caught hold of him by his neck and gave him fists blows and kicked him. Accused No, 3 Shishupal Singh also gave a fist blow to him as a result of which one of his teeth was broken. Accused No. 8 is said to have snatched a wrist watch and the accused persons are said to have given him beating and accused Juwar Singh is said to have taken out Rs. 150.00 from his pocket. He was rescued by Om Prakash and others. He wanted to lodge a report at the Police Station immediately thereafter and when he was going to lodge the report, it is alleged that accused Sher Singh, Shishupal Singh and Kamal Singh and others gave out that if he goes to lodge the report, he will be killed. He did not therefore lodge the report immediately and came back to his house in village Ojtu. At his house in village Ojtu were present Mahavir PW. 12. Hanuman PW. 13 and others. At about 9 p.m. Kamal Singh PW. 2 went to lodge a report at the Police Station Chirawa and he is said to have left behind Mool Singh PW. 1 & Sajjan Singh alias Dhanna deceased and others. After about an hour of his (Kamal Singh PW. 2) having so left his house at village Ojtu for lodging the report, it is alleged that accused No 3 Shishupal Singh son of Laxman Singh, accused No. 2 Sher Singh, accused No. 1 Banwari, accused No. 8 Kamal Singh along with Arjun Singh son of Iswar, Jawahar Singh son of Arjun Singh and Shivdayal, in all 7 persons came there. It is given out that few people of the village have assembled at the house of the accused No. 3 and they will arrive at a compromise in respect of the incident which took place in the day at about 3 or 4 p.m. It is said that Mool Singh PW. 1 and others who were there told the above 7 persons that Kamal Singh had gone to Chirawa and that they will accompany them on the return of Kamal Singh. Sajjan Singh deceased and Mool Singh PW. 1 then accompanied those seven persons to the house of the accused No. 3 Shishupal son of Laxman Singh. Kamal Singh PW. 2 returned from Chirawa at about 12 night and Mahavir and others told him that Sajjan Singh and Moola had gone with seven persons to arrive at a compromise in respect of the incident which had taken place in the evening that day. Kamal Singh PW. 2 and others waited for the return of Sajjan Singh and Mool Singh but they did not return till 4 a. m. Mool Singh alongwith Sajjan Singh deceased alongwith above named 7 persons reached the house of accused No. 3 which is also in the same village Ojtu but no sooner they reached the house of accused No. 3 they saw that Mool Singh Thakur, whose son Rajendra Singh had been murdered earlier in 1976 and some of the witnesses in that case were also sitting at the house of accused No. 3. As there was enmity in between Mool Singh and Sajjan Singh deceased on one hand and Mool Singh Thakur on the other, it struck to Mool Singh PW. 1 and deceased Sajjan Singh that as a result of Mool Singh Thakur, compromise cannot be arrived at and therefore Mool Singh PW. 1 and Sajjan Singh deceased returned back saying that they will return with Kamal Singh PW. 2. Both of them left for Chirawa to meet Kamal Singh and Kamal Singh had gone to Chirawa to lodge report of the Police Station. As per the case of the prosecution no sooner deceased Sajjan Singh and Mool Singh PW. 1 reached near the college play-ground of Chirawa, from the opposite direction a jeep came in which were sitting accused Nos. 1 to 6 alongwith Mangilal r/o of Ardavada Accused No. 2 Sher Singh was armed with iron kussa and accused No. 1 Banwari was armed with a sword and other accused were armed with lathis, Accused No. 4 and 5 are said to have caught hold of PW. 1 Mool Singh and Sher Singh accused No. 2 is said to have given a blow with iron kussa on the head of Sajjan Singh and accused No. 1 Banwari gave a blow on the hand of deceased Sajjan Singh. So far as accused No. 3 Shishupal Singh is concerned, the case of the prosecution is that he was giving out that both of them i.e. deceased Sajjan Singh and PW. 1 Mool Singh should be killed. Mool Singh PW. 1 was given severe beating by accused persons and when he was being given beaten by the accused persons, from the side of Jhunjhunu a jeep was coming and accused No. 3 said that a jeep is coming and therefore Mool Singh PW. 1 should be up in the jeep. PW. 1 Mool Singh was put in the jeep and was taken in an injured condition to the house of accused No. 3 where also it is alleged that at the platform o the house he was beaten by the accused persons and accused No. 8 Kamal Singh, Mool Singh Thakur, Shishupal Singh son of Laduram and others were also present at the house of accused No. 3 and accused No. 3 told them that as was directed by them they have killed Sajjan Singh and Moola is half-dead and has been brought. Shishupal Singh son of Ladu Ram and Mool Singh Thakur enquired as to whether they had not left Sajjan Singh alive and the answer was in the negative. From the house of platform, out side the house of the accused No. 3, PW 1 Mool Singh was taken in a jeep to the Railway lines for being placed there so that he may be run-over by a running train and the real cause of his death may not be ascertained. He was deserted near the railway track. He was still alive and raised alarm, hearing which some people were attracted. He was taken by them to the hospital and his statement was recorded by the Police.