ROHITASH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having allegedly murdered, Bahadur Singh, having been convicted for offence under section 302/34 IPC, and having been sentenced to life imprisonment, and imposed with a fine of Rs. 1000.00, and further directed to undergo simple imprisonment of six months in default thereof, by the Additional Sessions Judge (Fast Track) No. 2, Sikar, Camp Neem KaThanau, judgment dated 20.5.2004, the appellant, Rohitash Singh, has approached this court.

(2.) Briefly, the facts of the case are that on 13.9.2003 at 10.15 P.M., Police Station Ajeetgarh received an information through wireless that a dead body of a man is lying in a farm in village Bhojmed. Immediately, the police went to the village. There, at 11.45 P.M., the complainant, Jai Singh (P.W. 17) gave a written report (Ex.P.25) to the SHO, Police Station Ajeetgarh. In the report, he claimed that Bahadur Singh is his nephew who used to run a Kirana (grocery store in their village. On 13.9.2003, around 11.00-12.00 O'clock in the morning Bahadur Singh had gone to the farm of Shankar Balai in order to answer the call of nature. At that time, the complainant was looking after his buffaloes in his farm. Around 5.00 RM Moti Singh, a child from the village, came and informed him that Bahadur Singh's body is lying in the field belonging to Shankar Balai. Immediately he, his sister-in law, Ladi, Bahadur's mother, Kesa' Kanwar, and his other sister-in-law, went to the farm of Shankar Balai. There amongst the Bajara crop, they found the dead body of Bahadur Singh. His body had many injuries upon it. The Bajara crop and the grass were crushed around the place where the body was discovered. According to him, some unknown persons had killed Bahadur Singh after assaulting him In the western direction of the dead body, Bahadur Singh's pants, water pot (Lota) and shoes (Jooti) were lying. His excretion was also there. He further claimed that he and his nephew are having animosity with Ram Kumar Singh and his sons, Prakash Singh, Rohitash Singh, Gopal Singh, and ons Bhagwan Singh. He suspects that either these persons have killed Bahadu' Singh, or they have gotten Bahadur Singh killed by someone else According to him, this incident has occurred at a place called "Sanwalpura Tanwaranki" where the farm is situated. The report was sent to the police station. On the basis of the said report, a formal FIR (Ex.P.26), namely FIR No. 142/03 for offence under section 302 IPC, was chalked out and the investigation began.

(3.) The police arrested two persons, namely Rohitash Singh (the appellant before this court) and Tej Singh. Since both of them were adult, the, were tried by the trial court. The police also arrested Gopal Singh and Rar Singh. Since they were juvenile delinquents, their case was referred to the Principal Juvenile Justice Board. After the investigation, the police submitted charge-sheet against Rohitash Singh and Tej Singh before the Additional Chie Judicial Magistrate, Neem-Ka-Thana. The case was committed to the Additional Sessions Court, Neem-Ka-Thana.