SHYAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the aforesaid appeals under Section 374 Cr.RC. arises out of the impugned judgment dated 27.02.2008 passed by the learned Additional District and Sessions Judge, (Fast Track) No. 3, Ajmer, Camp Kishangarh in Sessions case No. 22/2005, and as such they are being decided by this common judgment.

(2.) The learned trial court has convicted that accused appellants Shyam Singh, Mahipal Singh, Bhim Singh and Raju Singh @ Rajendra Singh under Section 302 read with Section 149 I.P.C. and sentenced them for life imprisonment with a fine of Rs. 5,000/- each in default of which, each to further undergo 2 years R.l. For the offence under Section 148 I.P.C., the trial court has sentenced the accused appellants for 3 years R.l. Both the sentences were to run concurrently. However, accused appellant Shyam Singh was acquitted of the offence under Section 3/25 of Arms Act.

(3.) Instant criminal proceedings were initiated on a report (Ex.P-1) lodged by Malta Ram son of Shri Harchand Jat at Police Station Arai on 12.01.2001 at about 11.15 A.M. It was mentioned in the report that on 12.01.2001, at about 09.00 A.M., the informant, Shyochand, Teju and wife of Shyochand, namely Suji had gone to Chosala Bus Stand for attending a hearing in the Court at Kishangarh. At about 10.00 A.M., while they were sitting at chabutara and waiting for a bus, a white colour vehicle came from the side of the village and went towards Kishangarh. As soon as the persons in the vehicle had seen the informant and others, they turned back towards Arai and stopped. It is further mentioned that Shyam Singh was sitting in the front seat of the car whereas in the rear seat, there were 5 to 6 persons, amongst them were Raju Dholi, Teju Dholi, Raj Singh, Mahipal, Bhim Singh and two other persons who came before them. It is alleged in the report that all the occupants of the car had stated that today is the opportunity to take revenge. Soon thereafter, Shyam Singh Dholpuria who was having a gun in his hand opened fire on Shyochand and Teju when they were trying to escape. Suji had gone towards the bus stand and saved herself by standing near a wail from where she had continued to see the incident. Shyochand and Teju, after having received bulled injuries went towards the shop and then fell down near the handpump. Thereafter, they collapsed. They they opened fire resulting in severe injury on the head of both the deceased. The assailants had thereafter stated that the work had been done and they have taken the revenge. At that time Sawara and Ramdev of Barna village were sitting on the Chosala at the Bus Stand and they had also witnessed the incident in which Shyochand and Teju died. It was stated in the report that murder had been committed because of a marpeet which had taken place a year ago with the complainant party. A little later police came from the side of village Arai and saw the place of occurrence.