LOTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) WHETHER relationship is such a factor which affects credibility of a witness ? This question requires consideration in view of the significant facts that the prosecution rested the instant case only that the prosecution rested the instant case only on the testimony of close relatives of the deceased Jadvir Singh. The learned Additional Sessions Judge No. 2, Bharatpur convicted and sentenced the four appellants on the charge of murder of Jadvir Singh after placing reliance on the testimony of his wife, mother, son and salhej (sister in law) as under :- Lotan : u/sec. 302 IPc To suffer Imprisonment for life and fine of Rs. 1,000/-, in default to further suffer One Month Simple Imprisonment. Satish Kumar, Kishan Singh & Shivdei : (Each)u/sec. 302/149 IPc To suffer Imprisonment for life and fine of Rs. 1,000/-, in default to further suffer One Month Simple Imprisonment. u/sec. 147 IPc To suffer Six Months Rigorous Imprisonment and fine of Rs. 100/-, in default to further suffer Fifteen Days Simple Imprisonment. u/sec. 148 IPc To suffer Six Months Rigorous Imprisonment and fine of Rs. 100/-, in default to further suffer Fifteen Days Simple Imprisonment.

(2.) AS per prosecution story, Rohtash, the wife of deceased Jadveer Singh on the fateful day of November 5, 1995 had gone to the house of her Bhabhi (sister-in-law) Seema situated at Kacchi Basti, Ranjet Nagar in the afternoon. Rohtash was accompanied by her mother-in-law Sunahra and son Varun. Around 5. 30 PM they left the house of Seema and proceeded back. Seema came to see them off upto the road. Before they decided to hire ricksha, they saw Jadvir Singh coming on Motor cycle towards Kacchi Basti. The appellants and other persons who were sitting in Khokha (small wooden place) of Kalyan at the turn of Kacchi Basti, surrounded Jadvir Singh made assault on him with pharsis, lathis and knife and took him to the house of Kishan. After leaving injured Jadvir Singh in the house of Kishan, the appellants fled away. Jadvir Singh was taken to the hospital where he was declared dead; Seema submitted written report to the police at General Hospital Bharatpur and investigation was undertaken. On completion of investigation, charge sheet was placed against the appellant. The investigation was however kept pending against the four accused under Sec. 173 (8) Cr. P. C.

(3.) ROHTASH (PW. 2), the wife of the deceased deposed that she along with her mother-in-law Sunahra Devi and son Varun came to meet her Bhabhi Seema Devi. She waited her husband Jadvir Singh upto 5/5. 30 PM, but when he did not come they proceeded on foot and Seema also came with them upto the road for seeing them off where she saw her husband coming on motor cycle, Lotan, Kishan, Satish, Charan Singh and Shivdei were hidden behind the Khokha of Kalyan. As soon as Jadvir Singh turned towards Kacchi Basti they made assault on him. Jadvir Singh left his motor cycle and rushed towards Kacchi Basti and entered in the bada of Dalu Ram. The assailants then followed her husband the inflicted blows with pharsis and knife. The assailants dragged her husband inside the house of Kishan where Lotan inflicted knife-blow on the person of her husband.