GOVIND SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of Special Judge and Additional Sessions Judge, Dholpur, whereby he convicted accused - Govind Singh, Shyam Singh and Shankar Singh for offences under Sections 460 and 302 read with section 34 Indian Penal Code, and sentenced to each of them to undergo imprisonment for life and to pay a fine of Rs. 200.00 each, for each of the offences, in default of payment of fine, the appellants were directed to further undergo two months RI., for each of the offences.

(2.) Brief facts leading to this appeal are that Vishnu S/o Teekam Singh (PW-1) lodged a written report (Ex.P/1), on the basis of which the first information report (Ex.P/7) was recorded. The allegations levelled in the written report were that on the night intervening between 14th and 15th of June, 1989 at 3.00 in the morning when he was sleeping on his own roof and his elder brother - Mahaveer was sleeping in his own courtyard (chowk) alongwith his family, he heard a sound of gun shot. He rushed to the house of Mahaveer and lighted the torch. He saw Govind, Shyam and Shankar; all the three jumping from the roof. Shyam was alleged to have a rifle (pachfera). Govind and Shankar were armed with Pistol (Katta). He, thereupon, went on the roof of Mahaveer and came in the chowk. He saw that a bullet hit the chest of Mahaveer who was lying on the cot. He raised alarm, on which several villagers collected. He also sent information to his relations, Shri Mahendra Singh, Sarpanch, and thereafter, took Mahaveer on a cot to Morena where they found that Mahaveer had died. Hence, his dead body was brought back to the village. At that time, Durga Singh was standing under the tree outside his house, who left that place immediately on seeing him. He alleged that the accused persons had killed Mahaveer because of previous enmity. On receipt of this report, as mentioned above, the F.I.R. (Ex.P/7) was recorded and investigation commenced. Investigating Officer i.e. S.H.O. - Police Station - Diholi, went on the spot and prepared the site plan (Ex.P/2). He also prepared the memo concerning the site inspection. He prepared this site plan in presence of Mahendra Singh and Megh Singh. He also prepared the inquest memo (Ex.P/3), and arrested all the three accused appellants. He also recovered, from the site the blood stained mattress (gudree) and one bullet. He also got the post-mortem conducted and after completing the investigation, he submitted a charge-sheet in the Court of Additional Munsif and Judicial Magistrate, Dholpur, who committed the accused to the Court of Sessions. The learned trial Court read cover the charges for offence under Sections 460 and 302 read with Sec. 34 Indian Penal Code to each of the accused appellants to which they pleaded not guilty and claimed to be tried.

(3.) Prosecution, in support of its case, examined eight witnesses. Accused did not lead any defence evidence, however, in their statements under Sec. 313 Code Criminal Procedure they pleaded that they had got Mahaveer Singh punished in a criminal case and it was for this enmity that they have been falsely implicated. The learned trial Judge held that the statement of both the witnesses, namely, Vishnu (PW-1) and Smt. Laxmi (PW-7) is truthful and they are the witnesses of sterlingworth. Hence, he convicted and sentenced the accused appellants as indicated above.