SHIV RAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were the accused on the file of learned Additional Sessions Judge, (Fast Track) No. 1, Kota bearing Sessions Case No. 85/2001. Learned Judge vide judgment dated August 7, 2001 convicted and sentenced the appellants as under:

(2.) Since both these appeals arise out of the same incident and judgment, we proceed to decide them by a common judgment.

(3.) It is the prosecution case that on receiving information that Udai Bhan Singh was admitted in MBS Hospital Kota in an injured condition, SHO Police Station Mandawa rushed to MBS Hospital and recorded Parcha Bayan of Udal Bhan Singh at 1.15 PM on October 18, 1995. Udai Bhan Singh stated that on that day around 11 AM he along with his son Ashok Chaudhary (now dead), Laxmi Narain Mehra, Babu Lal Head Constable and Mahavir Prasad proceeded in Maruti van from his house for Ravatbhata. No sooner did their van reach near village Nayagaon, it got halted because of mechanical fault. They all got down from the vehicle. Suddenly Bashir, Sethi, Kalia @ Banti and Sumer Singh along with two other boys appeared and made murderous assault on Ashok Chaudhary with knives and daggers. When the informant (Udai Bhan Singh) intervened Bashir and Sethi inflicted injuries with knife and dagger on his left hip and finger of left arm. Ashok Chaudhary after sustaining injuries fell down, thereafter Bashir, Banti and Sethi picked up stones and inflicted injuries on the head, face and chest of Ashok Chaudhary and treating him dead left the place of incident. Ashok Chaudhary was removed to the hospital in the van which came in order after some time. Ashok Chaudhary was declared dead in the hospital. On the basis of said Parcha Bayan case under Sections 147, 148, 149, 341, 307 and 302 IPC was registered and investigation commenced. After usual investigation charge sheet was filed against eight accused persons. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Kota. Charges under Sections 302, 302/149, 147, 148 and 341 IPC were framed against the accused persons, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 30 witnesses. In their explanation under Section 313 Cr.PC., the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing the final submissions convicted and sentenced the appellants as indicated herein above. Five co-accused were, however, acquitted. It is against this finding of conviction and sentence that the three appellants have preferred the instant appeals.