CHARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HON'ble SHIV KUMAR SHARMA, J.-The appellants Charan Singh and Mammal were indicted before the learned Additional Sessions Judge Behror District Alwar in Sessions Case No. 19/98 for having committed murder of Richhpal. Learned Judge vide judgment dated May 02, 2000 convicted and sentenced both the appellants for the offence under Section 302 IPC each to suffer Imprisonment for life and fine of Rs. 1000/-, in default to further suffer three months imprisonment.

(2.) AS per prosecution story, on January 12, 1998 one Mehar Chand Harijan saw a dead body lying on the foot-path of Harsora road, village Majra Aheer. Mehar Chand got assembled other persons and then it was revealed that dead body was of Richhpal. The SHO Police Station Bansoor was telephonically informed and on his arrival a written report (Ex. P-4) was submitted by informant Ram Kumar (PW. 4), the brother of deceased. It was interalia stated in the report that death of Richhpal could be caused either by accident or by some other reason. A case under Sections 279 and 304a IPC was registered and investigation commenced, Inquest report and site plan of the place of incident were drawn. Dead body of Richhpal was subjected to post mortem. AS the villagers were not satisfied with the investigation they got the Panchayat assembled. In that Panchayat one Shimbhu (PW. 13) expressed that few days ago he had seen near canal of Harsora Road Mammal, Charan Singh along with one more person carrying a dead body on motor cycle. Thereafter about 300 villagers approached Supdt. of Police Alwar and got the investigation transferred. Subsequently Additional Supdt. of Police conducted the investigation and got recorded statement of Shimbhu on February 5, 1998. The appellants were arrested and on completion of investigation charge sheet was filed against the appellants. In due course the case came up for trial before the learned Additional Sessions Judge Behror District Alwar. Charge under Section 302 IPC was framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 26 witnesses. In the explanation under Sec. 313 Cr. P. C. the appellants claimed innocence and two witnesses were examined in defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) FOR the reasons afore mentioned we allow the appeal of appellants and set aside the impugned judgment dated May 2, 2000 and acquit the appellants Charan Singh and Mammal of the charge under Section 302 IPC. The appellant Mammal is in jail he shall be set at liberty forthwith if not required in any other case. The appellant Charan Singh is on bail, he need not surrender and his bail bonds are cancelled. .