SANDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 6/11/2017 passed by Additional Sessions Judge, Rajgarh, District Churu in Session Case No.39/2014, whereby appellants have been convicted and sentenced as under: -

(2.) The appeal was filed, inter-alia, by Sandeep Singh, Surat Singh and Jitendra Singh @ Dholu, however, during pendency of the appeal, appellant Surat Singh died and, therefore, on 2/9/2022, the appeal was ordered to be abated qua appellant Surat Singh.

(3.) Brief facts of the case as per the prosecution are that on 10/7/2014 at about 09:00 am, complainant Idrish S/o Ali Mohd. (PW.12) submitted a typed report (Exhibit-P/25) at Police Station Tara Nagar, District Churu alleging, inter-alia, that in the night of 9/7/2014 at around 11:30 pm, his brother, Mangilal @ Mangtu Khan called him through mobile phone of one Bajrang Saini of Tara Nagar, inter-alia, indicating that he was sitting at the hotel at Sahwa road and one Surat Singh of village Nyangali, came and asked him to remain sitting there and he took back his vehicle. His brother was apprehensive about his life and called him as soon as possible, on which the complainant alongwith Mehboob (PW.10) and Imran (PW.20) went over to the hotel at Sahwa road and while they were talking with Mangilal, Sandeep Singh, Surat Singh, Sher Singh, Sajjan Singh, Sumer Singh, Surjeet Singh, Driver Dholu Singh alongwith 20-25 persons having Lathi(s) and iron rods in their hands, came there by three vehicles, alighted from the vehicles and entered into the hotel. Sandeep Singh shot fire from the pistol over the chest of his brother, on which he caught hold of Sandeep Singh from backside, where upon Sumer Singh inflicted Lathi blow over his back and head, as a result of which, Sumer Singh released him. At that time, manager of the hotel, namely, Pratap Singh and Bajranglal Saini, Mehboob, Imran and Mukesh Saini tried to caught hold of the accused by shouting, but accused threatened them with pistol and ran away while taking their vehicles. They took Mangilal to Govt. Hospital, Tara Nagar, from where he was referred to Churu Hospital, from where, he was referred to Bikaner, however, on the way to Bikaner Mangilal expired and as such they came back to Tara Nagar with dead body. It was alleged that accused have committed the occurrence in view of having land dispute between Mangilal and Sandeep Singh and prior to the said incident, Sandeep Singh had also attacked Mangilal and that dead body was lying in the mortuary and, therefore, action be taken.