SIYA AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement of learned Addl. Sessions Judge No.2 Bharatpur, dated 31st July, 1991, in Sessions Case No. 94/1987, whereby the learned trial court has convicted the six accused appellants under section 302 read with 149 Penal Code and sentenced each of them with imprisonment for life and to pay fine of Rs. 100.00 In default of payment of fine each of them was directed to further undergo one months simple imprisonment. They have further been convicted for offence under sections 323 read with 149 and 147 Penal Code and sentenced to three months simple imprisonment each and for offence under section 148 Penal Code to six months simple imprisonment.

(2.) This appeal presents peculiar circumstances about the unfair investigation, suppression of material facts and deliberately concealing of the facts from the court. As per the prosecution, the case started on a First Information Report which was lodged on 18th Oct., 1987 by one Mooli Ram son of Nanga. This was handed over to Shri Raghuveer Singh, S.H.O. Police Station Garhi Bajna at 1.00 p.m. when the S.H.O. happened to be in village Tarsuma for investigation in connection with an another First Information Report No. 26/87. It was alleged by Mooli Ram in his report that at about 7/8 in the morning, on 9th Oct., 1987 when Bhoori Singh was returning from forest after taking fodder and moment he unloaded the fodder in the Get (Cattle shed), at that time accused persons Lakhan, Suresh, Ramesh, Banni, Siya, Ganpat, Durga, Lachchi and Girdhar all armed with lathies and farsi encircled him and started beating him. Ram Dayal came to the rescue of Bhoori Singh who too was inflicted injuries. On hearing hue and cry of the assailed Umed, Lakhanpal, Pyare, Bhoori Singh and Radhey came running at the place of occurrence and seeing them, the accused ran away. Ram Dayal and Bhoori Singh were taken to hospital at Bayana from where they were sent to Bharatpur Hospital. Bhoori Singh was admitted in the hospital but Ram Dayal succumbed to the injuries. On receipt of this report, First Information Report No. 28/87 was taken down at Police Station Garhi Bajna at 6.00 p.m. on 10th Oct., 1987 and case was registered for offence under Sec. 302/34 IPC.

(3.) It is pertinent to mention here that on 9th Oct., 1987, when the injured Bhoori Singh and Ram Dayal were taken to Hospital at Bharatpur, Ram Dayal succumbed to the injuries, the Doctor in-charge of the Hospital informed the Police out post, Mathuragate Bharatpur and A.S.I. in-charge of the Police Station, Shri Sahib Singh, P.W. 10 immediately rushed to the Hospital and prepared an inquest memo in the presence of the Panches. He prepared a Panchayatnama (inquest memo) Ex.P. 14 and, thereafter, got the post mortem conducted by the Medico Legal Officer, in charge of General Hospital, Bharatpur at 5.30 p.m. on 9th Oct., 1987 itself. He thereafter handed over the dead body to the relations for disposal and sent the inquest memo along with all necessary documents to Police Station Garhi Bajna.