LILADHAR AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On the allegation of murder of three persons (Hari Singh, Amar Singh and Dharam Pal) three accused viz. Liladhar, Daya Ram and Smt. Daya Kaur were charge sheeted. Thereafter learned trial Judge took cognizance u/s. 319 Crimial P.C. against Sube Singh, Sumer Singh, Smt. Kamla and Smt. Vimla. Thus as many as seven accused persons were indicted before the learned trial Judge (Additional Sessions Judge, Jhunjhunu) in Sessions Case No. 36/2000 (Case No. 1 of 1997) who vide judgment dated Jan. 7, 2001 convicted and sentenced the accused Liladhar @ Lila Ram and Daya Ram u/s. 302 Penal Code to suffer imprisonment for life and fine of Rs. 500.00 and in default to further suffer six month's rigorous imprisonment. The other accused persons Smt. Dayakaur, Sube Singh, Sumer Singh, Smt. Kamla, and Smt. Vimla however stood acquitted from the charges u/ss 302 IPC, 302/149, 323, 323/149 IPC. The convicted accused and the State of Rajasthan have preferred the instant appeals assailing the aforesaid finding of the learned trial Judge.

(2.) Put briefly the prosecution case is that on July 30, 1995 some unknown persons telephonically informed Police Station Singhana that a serious incident had taken place at village Muradpur. On receiving the information Bhismraj Arya, Station House Officer, along with other police persons reached at the spot where informant Mahendra Singh submitted a written report with the averments that on the fateful day he (Mahendra Singh), Amar Singh, Hari Singh, Dharampal, Brahmanand and Jai Prakash were digging well in the field of Liladhar. The work got started at 7.00 a.m. but stopped at 1.00 p.m. on account of Teej Festival. Only Brahmanand and Jai Prakash had left the field with their she-camel and the persons who remained in Dhani, started smoking Hukka. Sumer Singh then gave Rs. 100.00 to informant Mahendra Singh for bringing five bottles of wine, who brought wine which was consumed by all. Sumer Singh and Daya Ram went out for a while and came back along with Liladhar, Dayakaur, Kamla, Bimla and Sube Singh. All of them armed with Axe, Jelly with iron horns, Kassia and lathi. Sumar Singh and Daya Ram inflicted Axe blows on the head of Dharampal. Liladharr, inflicted Jelly blow on the head of Amar Singh. Daya Kaur inflicted axe blow on the head of informant. Sube Singh. Kamal and Bimla dragged Hari Singh out and inflicted Kasia blows on his person. Hari Singh, Ainar Singh and Dharam Pal died at the spot. The informant some how escaped and ran towards village. On the basis of said report a case u/ss. 147, 148, 149, 302 and 323 Penal Code was registered and investigation commenced. As already stated, on completion of investigation charge sheet was filed only against Liladhar @ Lila Ram, Daya Ram and Dayakaur. In due course the case came up for trial before the learned Additional Sessions Judge Jhunjhunu, who framed charges u/s. 302, 302/34, 323 and 323/34 Penal Code against them. The accused denied the charges and claimed trial. The cognizance was taken against the other accused and charges were also framed against them. They also denied the charges and claimed to be tried. In support of its case the prosecution examined as many as 17 witnesses and got exhibited 59 documents. In the explanation u/s. 313 Crimial P.C. accused claimed innocence. Two witnesses were examined by the accused in defence. The learned trial judge on hearing the final submissions convicted and sentenced two accused persons as indicated hereinabove.

(3.) The prosecution case is based on the sole testimony of witness Mahendra Singh PW-8 who was found reliable by the learned trial Judge. In addition of many submissions advanced before us, the main contention was that Mahendra Singh was not a truthful witness and his version as to the incident was a garbled one therefore no reliance could have been placed on the testimony of such a witness. We thus find that in the instant appeals following two questions require our consideration: