BHAJAN SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Additional Sessions Judge No. 1, Hanuman Garh has found appellants Lal Khan, Munsaf Ali, Bhoop Ram, Mahadia Ram, Phajan Singh and Surjit Singh guilty of the offences under section s. 148 and 102 read with Sec. 149 Indian Penal Code by his judgment dated 18-8-1990 and has sentenced each of them to undergo life imprisonment and to pay a fine of Rs l00.00 each for the offences under section 302 read with Sec. 149 Indian Penal Code and he has sentenced each one of them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 100.00 for the offence under Sec. 148 Indian Penal Code and in default of payment of fine. each one of them has been ordered to be sentenced for imprisonment for one month. Both the substantive sentences have been ordered to run concurrently.

(2.) Aggrieved appellants have come to this Court.

(3.) According to the prosecution case on 12-10-1989 at 1 P.M. deceased Jalaldin was returning from his field on the outskrit of village Kheruwala to his home. Present at the home were his son PW 1 Mohd. lqbal his daughter-in-law PW 2 Shamshad Begum as also his other sons Tufail Mohd. and Sheikh Mohd. It is alleged that all the appellants variously armed with deadly weapons opened assault on the deceased when he reached near the house of one Jamaldin. Appellants Lal Khan and Bhoop Ram are said to have been armed with Selas; appellants Munsal Ali and Bhajan Singh are said to have been armed with Gandasies; appellants Mahadia is said to have carried a lathi and appellant Surjit Singh is said to have carried a Barchhi. The prosecution case is that all the appellants dealt various blows to deceased Jalaldin upon which he fell down to the ground. Thereafter, Bhoop Ram and Lal Khan dragged Jalaldin towards the house of Lal Khan and then all the appellants gave him beating. PW 1 Mohd. Iqbal, PW 2 Shamshad Begum, Tufail Mohd. and Sheikh Mohd. raised an alarm upon which many villagers assembled at the scene of the occurrence. After giving heating to the deceased, all the appellants went towards the house of Lal Khan. Thereafter, Mohd. lqbal, Shamshad Begum and Sheikh Mohd. lifted Jalaldin who had become unconscious. No sooner was Jalaldin taken to his house, he breathed his last. PW I Mohd lqbal with one Najar Hussain in his house got a report Ex. P/1 scribed. He took this report to the Police Station, Sadulshahar and submitted Ex. P/1 at about 2.30 P.M. on the same day'. on the basis of which the SHO of Police Station Sadulshahar recorded a FIR Ex. P/2 for the offences under sections 302, 147. 148 and 149 Indian Penal Code. PW 6 Rameshwar hal, SHO., Police Station. Sadulshahar proceeded the same day to the scene of the occurrence He prepared a site plan Ex. P/3 and its legend Ex. P/3A. He also examined the dead body and got prepared Fard Surat Lash Ex P/6 and Panchayat Nama Ex. P 7. He got the dead body of Jalaldin photographed from the scene of the occurrence. He is said to have. recovered one shoe wide Ex. P/4 and two pieces of a chain of a wrist watch vide Ex. P 5.