SHANKAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The challenge in the present appeal is to the judgment dtd. 5/1/1995 passed by the learned Sessions Judge, Balotara on the file of Sessions Case No. 31/1992, wherein and whereby the appellants-accused were convicted and sentenced as below :-

(2.) For the sake of convenience, accused shall be referred to by their nomenclature in the order of conviction dtd. 5/1/1995 i.e Shankar Singh (A-1), Pokar Singh (A-2), Babu Lal (A-3), Khangara Ram (A-4), Dhanna Ram (A-5), Bhalla Ram (A-6), Aidan Gawariya (A-7), Aidan Bheel (A-8), Shaitan Singh (A-9), Bhop Singh S/o Bheem Singh (A-10), Kalyan Singh (A-11), Bhop Singh S/o Tej Singh (A- 12), Mohan (A-13), Kalji (A-14) and Ganpat Singh (A-15).

(3.) The sum and substance of the prosecution case is that Shankar Singh (A-1) was engaged with PW-16 Rs.X', the daughter of Narsingh (deceased) and PW-1 Jhamku. The family of Shankar Singh (A-1) were expelled from their community. Subsequent to engagement of A-1 with PW-16 Rs.X', the engagement was cancelled on account of out-casting of the family of the accused from their community. Subsequently, on the night of 14/7/1992 at about 2.00 a.m., accused-persons (A-1 to A-15), Bhanwar Singh and Chhoga Ram (died during trial) came in the jeep holding dharia (a weapon like knife) and lathies (sticks). Initially, Shankar Singh (A-1), Mohan (A-13) and Pokar Singh (A-2) allegedly forcibly lifted PW-16 Rs.X' into the jeep. Accused-Shankar (A-1) and accused- Mohan (A-13) allegedly inflicted injuries by dhariya on the deceased. Accused- Pokar Singh (A-2), accused-Kalji (A-14), accused-Bhop Singh (A-12), accused- Ganpat (A-15) inflicted injuries by dhariya and lathis on Pukhraj (PW-5), the nephew of the deceased. Accused-Pokar Singh (A-2) and accused-Dhanna Ram (A-5) and two other accused inflicted stick injuries on PW-1 Smt. Jhamku, wife of the deceased. Accused-Chhoga Ram (died during trial) and accused-Kalji (A-14) inflicted injuries with lathis on Smt. Bhanwari (PW-2), wife of Pukhraj. Accused Kalji also hit Mohan (PW-14), brother of the deceased. The other persons were allegedly part of the unlawful assembly whose object was to kidnap PW-16 Rs.X' and in the process of kidnapping, they cleared all the obstructions by causing either death or the injuries to the family members of PW-16 Rs.X'. While carrying out such a common object, accused-Shankar Singh (A-1) and accused-Mohan (A- 13) allegedly caused injuries by dhariya on the body of the deceased-Nursingh resulting in his death amongst the other injuries caused to other family members. Subsequently, accused-Shankar Singh (A-1) forcibly committed rape on PW-16 Rs.X' by putting her in fear of death. On the basis of the above allegations, the police issued the FIR No. 70/1992 at Police Station Samdari, Distt. Barmer for the offence under Ss. 147, 148, 149, 458, 307, 366, 323 of IPC and commenced investigation.