KHUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment of the learned Sessions' Judge Banwara dated 21-8-1989, whereby learned Sessions judge has held that accused-appellants Khumanasing Nawalsingh, Bahadursing, Mansingh, Ramsingh, Mansingh S/o Budha Tejpalsingh, Kantilal, Raju, Abhaysingh and Ramdeosingh guilty of the offences under Sections 148 and 302/149 IPC and sentenced each of them to one year's rigorous imprisonment for the offence, under S. 148 IPC and they have been further sentenced to life imprisonment together with a fine of Rs. 500.00 each and in default of payment of this amount of fine, to undergo one month's rigorous imprisonment for the offence under Section 302/149 IPC. Both these sentences were ordered to run concurrently.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are : that this occurrence took place somewhere in between the gate of Banswara Syntex Mills and Khandu Gate on 24-3-1985 at about 7. 10 or 7.15 a.m. The person who was seriously. injured and ultimately died was Shyamsingh, who was then President of the INTUC Union of the employees of the Banswara Syntex Mills. It is alleged that when Shyamsingh came out of the gate of the Banswara Syntex Mills and was proceeding towards Khandugate, all these 12 Accused-appellants out of whom, Natwarsingh, Bahadursingh and Ramdeosingh were armed with swords; Ramshigh Labana was armed with a Dhariya and Raju was armed with a Pharsi and other accused-persons were armed with lathies, came out from behind the Tea and Betel Cabins situated in between the gate of the Banswara Syntex Mills and Khandugate and conjointly availed deceased Shyamsingh. It is alleged that initially, accused appellant Natwarsingh struck, a blow on his face with his sword and thereafter, the other blow was given by accused Bahadursingh on his head with his sword and later, all the accused-persons inflicted blows to him from the weapons with which they were armed. Shyamsingh fell down. The accused-persons conjointly gave a 'lalkara' that enemy should be killed otherwise he will take a revenge. It is alleged that accused Bahadursingh brought a big piece of stone and threw that piece of stone on his face and told that "I have taken my revenge". When PW5 Shivsingh, PW 7 Karansingh, PW 10 Gopal Singh and PW 11 Shyamsingh tried to intervene, the accused-appellants threw stone on them. However, when the second shift of the Banswara Syntex Mills was over and the labourers started coming out of the factory, the accused-persons ran away from the place of the occurrence.

(3.) It is alleged that initially when Shyamsingh saw these accused-appellants armed with deadly weapons, he tried to run away towards Police lines but he was availed near the Tea Cabin of Bhanwarsingh, which is situated on the side of the police line whereas Kailash Pan Bhandar is situated towards the side of village Thikariya and in the north of the open space of Khandu Colony.