DASHRATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Present D.B. Criminal Appeal No.375/2000 titled as Dashrath Singh & Anr. Versus State of Rajasthan has come up before this Court for hearing in pursuance of the remand order dtd. 3/8/2011 passed by the Apex Court in Criminal Appeal No.352 of 2008 & remand order dtd. 23/1/2012 passed by the Apex Court in Crimial Appeal No.1550 of 2009 whereby the Apex Court has allowed the appeals filed by Dashrath Singh and Mahavir Singh and has set aside the order of the Division Bench of the Rajasthan High Court dtd. 18/7/2006 and has remanded the case back to this Court for re-decision qua the appellants herein. The appeal was filed by the appellants - Dashrath Singh and Mahavir Singh aggreived by the judgment and sentence dtd. 18/5/2000 passed by the learned Judge, Special Court, Jaipur in Sessions Case No.01/1998, whereby appellant-Dashrath Singh was convicted for offence under Sec. 148 IPC and Sec. 302 and 302/149 IPC. For offence under Sec. 148 IPC, he has been sentenced for two years rigorous imprisonment and for offence under Sec. 302 and 302/149 IPC, he has been sentenced for life imprisonment and a fine of Rs.3,000.00, in default of payment of fine, to further undergo three months rigorous imprisonment. Appellant-Mahavir Singh was convicted for offence under Sec. 147 IPC and Sec. 302/149 IPC. For offence under Sec. 147 IPC, he has been sentenced for one year rigorous imprisonment and for offence under Sec. 302/149 IPC, he has been sentenced for life imprisonment and a fine of Rs.3,000.00, in default of payment of fine, to further undergo three months rigorous imprisonment.

(2.) D.B. Criminal Appeal No.331/2004 titled as Kripal Singh Versus State of Rajasthan has been filed by appellant - Kripal Singh aggreived by the judgment and sentence dtd. 28/1/2004 passed by the Additional Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur in Sessions Case No.127/2001 whereby appellant - Kripal Singh has been convicted for offence under Sec. 302/120-B of IPC and sentenced to rigorous life imprisonment and a fine of Rs.2,000.00, in default of payment of fine, to further undergo six months imprisonment.

(3.) Succinctly stated the facts of the case are that on 29/12/1997 complainant - Raju Nayak submitted a written report at Police Station Jhotwara wherein he has stated that today at 08:15 AM Rajendra Grover came to his home by motor-cycle and they were discussing about the cricket match. In the meantime, a cream coloured jeep came from Adarsh Vidya Mandir side and hit the motor-cycle, due to which, complainant and Rajendra Grover fell down. They immediately ran away from there, but Dilip Singh, Dashrath Singh, Mahavir and Sunil Bihari and 5-6 other persons came out from the jeep. They were carrying weapons like lathi, sword, pharsi and pistol and they ran after Rajendra and started beating Rajendra Grover. On the said report, FIR bearing No.563/1997 was lodged for offences under Ss. 147, 148, 149, 307, 324, 323 and 341 of IPC and investigation was initiated. During investigation, Rajendra Grover died at the hospital.