THAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE three appeals have been filed by the three appellants Than Singh, Gulab Singh and Ramesh against a judgment dated 23. 9. 2000 by the learned Additional Sessions Judge, Bali, whereby, all the three have been found guilty for the offences punishable under Sec. 302, 302/34 and 341/34 of the IPC.

(2.) THE F. I. R. Ex. P/19 was lodged by PW 5 Bachchan Singh on 26. 6. 98 at 6. 15 PM at police station, `nana'. According to the F. I. R. , the deceased Mangal Singh (brother of PW 5 Bachchan Singh) on 26. 6. 98 had left his village veerampur for going to village `nana' at 4. 00 PM with PW 17 Mahendra Singh in connection with some domestic work on a motor-cycle. At 5. 30 PM on that day, Mahendra Singh returned to village Veerampur and informed Bachchan Singh that after purchasing some material in village Nana, he along with Mangal Singh was returning to Veerampur on a motor cycle. Near cremation ground of village Nana, on the bank of river `jawai', the appellant Than Singh was found standing with a `dhariya' blocking their path. When the motor-cycle was stopped by Mangal Singh, the other two appellants Gulab Singh with a `kulhari' and Ramesh with a `lathi' came near the motor- cycle. Mangal Singh enquired from them as to what was the matter. THEreupon, the appellant Than Singh told him that inspite of many attempts, he could not be killed and today they were determined to murder him. THEreafter an injury by `dhariya' was inflicted. PW 17 Mahendra Singh attempted to save Mangal Singh, whereupon, the appellants allegedly said that he should also be killed, whereupon Mahendra Singh took to his heels. THE three appellants started to inflict injuries to Mangal Singh with the said weapons and Mahendra Singh returned to village Veerampur to tell the story to Bachchan Singh. THEreafter, Bachchan Singh along with Jaisa Ram proceeded on a motor cycle to the place of occurrence and saw the three assailants running away. THE dead-body of Mangal Singh was found on the spot and the motor cycle was also lying nearby. Further it was stated that some 4-4. 1/2 months prior to the incident, the appellant Than Singh was involved in a case of ``maar Peet'' with the deceased and the cases were registered and on account of that enmity, Mangal Singh was murdered. A case under Sec. 302/34 of the IPC was registered and ultimately, challan was filed for the offences punishable under Sec. 302 and 304/34 of the IPC. Charges were framed for the offences punishable under Sec. 302, 302/34 and 341 of the IPC. All the three appellants pleaded not guilty. Seventeen prosecution witnesses were examined by the prosecution and the appellant Than Singh examined himself as DW 1. THEreafter arguments were heard and the judgment was delivered on 23. 9. 2000. THE three appellants were found guilty for all the offences for which they were charged. For the offence under Sec. 341/34 of the IPC, simple imprisonment for six months has been awarded. For the offence under Sec. 302 and 302/34 of the IPC, life imprisonment with a fine of Rs. 2000/- has been ordered. On account of non- payment of fine, simple imprisonment for six months has been ordered. D. B. Criminal Appeal No. 576/2000 has been filed by Than Singh. D. B. Criminal Appeal No. 577/2000 has been filed by Gulab Singh and D. B. Criminal Appeal No. 588/2000 has been filed by the accused Ramesh.

(3.) ACCORDING to Dr. Dabi, the cause of death in his opinion was shock due to severe external haemorrhage following various multiple injuries over head and underlying brain tissue destruction.