RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, Ram Singh and Ramesh Singh, are aggrieved by the judgment dated 1.4.2010 passed by the Additional Sessions Judge (Fast Track), Sawai Madhopur whereby the learned Judge has convicted both of them for offences under Section 302/149 IPC, and under Section 201 IPC. For offence under Section 302/149 IPC, the learned Judge has sentenced both of them to life imprisonment, and imposed a find of Rs. 1000/ -, and directed that they shall undergo a simple imprisonment for three months in default thereof. For offence under Section 201 IPC, the learned Judge has sentenced them for two years of rigorous imprisonment, and imposed a fine of Rs. 500/ -, and directed them to further undergo one month's simple imprisonment in default thereof.

(2.) BRIEFLY the facts of the case are that on 5.2.2003, Hansraj (P.W. 1), submitted a written report (Ex. P. 1) before the Superintendent of Police, Sawai Madhopur. In the report, Hansraj (P.W. 1) claimed that his brother, Jugraj, was an accused in a criminal case and was absconding ever since September, 2002. Therefore, the Superintendent of Police, Sawai Madhopur told the complainant to search for Jugraj and to produce him before the police. He, thus, started looking for his brother, but could not locate him. The Superintendent of Police again told him to further look for his brother. Therefore, he went to the Dang (Jungle) area searching for his brother. At village Dangara, P.S. Baharawanda Kalan, District Sawai Madhopur, he was told by the villagers that they had seen his brother, Jugraj, with Shree Lal, Mithalal, Ganesh, Ganesh and Ram Singh. However, they did not know where they had gone. Thereafter, the complainant went to the house of Shree Lal and inquired about his brother, Jugraj. Shree Lal admitted that about 20 -25 days earlier he, along with Mithalal, Ramesh, Ganesh and Ram Singh had killed his brother with firearms in Village Dangara Ki Tan at a place called "Tipkaran Ki Khoh". Shree Lal further claimed that clothes of the deceased are lying in the Khoh and they had left the dead body in the water. They took Shree Lal with them. Thereafter at the instance of Shree Lal, they went to the place pointed out by him. They discovered the clothes worn by Jugraj at "Tipkaran Ki Khoh". Therefore, the complainant was convinced that Shree Lal and others had killed his brother. He left Shree Lal with the villagers of his village. He further claimed that he had gone to the police after the clothes of the deceased were discovered. But the police did not register the case. Therefore, he has come to the Superintendent of Police requesting him to register a case against Shree Lal and others, to arrest them, to recover the dead body of his brother, Jugraj.

(3.) INITIALLY , on 8.11.2003, the police submitted a charge -sheet against Shree Lal and kept the investigation open against Ram Singh, Ramesh, Mithalal and Ganesh under Section 173(8) Cr.P.C. During the course of trial of Shree Lal, the police submitted a supplementary chargesheet against Mithalal. The trials of Shree Lal, and Mithalal were combined; by judgment dated 30.10.2006, the Special Judge SC/ST (Prevention of Atrocities) and Additional Sessions Judge, Sawai Madhopur convicted both of them for offence under Section 302 IPC read with Section 149 IPC, but acquitted them for offence under Section 201 IPC.