BHARAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) OUT of eight accused persons, who were put to trial in Sessions Case No. 22/1997, the learned Additional Sessions Judge No. 2, Jaipur District, Jaipur convicted two and acquitted six vide Judgment dated March 23, 2001. The two convicted accused Bharat Singh and Jagdish Singh were sentenced as under :- Jagdish Singh: U/s. 302 IPC: To suffer life imprisonment and fine of Rs. 500/-, in default to further suffer one month rigorous imprisonment. U/s. 323/34 IPC: To suffer six months simple imprisonment. Bharat Singh: U/s. 302/34 IPC: To suffer life imprisonment and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. U/s. 323 IPC: To suffer six months simple imprisonment. Substantive sentences were ordered to run concurrently. Findings of conviction and acquittal have been assailed in appeal No. 198/2001 and revision petition No. 228/2001, respectively.

(2.) THE prosecution story as unfolded during trial is like this- On March 24, 1997 the informant Inder Singh (PW. 2) submitted a written report (Ex. P. 5) at the police station Chaksu to the effect that in the preceding night around 10. 30 PM while the informant along with Mittu Singh, Madan Singh, Gokul Singh, Bal Singh, Bahadur Singh, Nathu Singh and Ummed Singh were celebrating the festival of Holi by singing songs in the chowk of Badbawanpura, Bharat Singh, Mohan Singh, Jagdish Singh, Samundra Singh, Guman Singh, Bhanwar Singh, Prahlad Singh and Ragho Singh (accused) came over there. Finding them singing with the beats of CHANG, the informant and his group also joined them in singing the songs. This act of complainant party was not liked by them and they objected to it. After some altercations Bharat Singh grabbed the color of informant and Mohan Singh gave a fist blow. When informant's son Mitthu Singh intervened, he was also given beating with legs and fists. In the meanwhile Jagdish Singh went to his nearby house and came out with 12 bore gun and opened fire at Mitthu Singh as a result of which Mitthu Singh sustained gunshot injury on his abdomen and he fell down. THE informant took injured Mitthu Singh to police station and lodged the report. A case thereafter was registered under sections 147, 323, 341, 307, 148, and 149 IPC and investigation commenced. After the death of Mitthu Singh Section 302 IPC was added. Autopsy on the dead body was performed, statement of witnesses under Section 161 Cr. P. C. were recorded, necessary memos were drawn. accused were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 2, Jaipur District, Jaipur. Charges under Sections 148, 323, 325/149, 302 and 302/149 IPC were framed. THE accused denied the charges and claimed trial. THE prosecution in support of its case examined as many as 24 witnesses. In the explanation under Section 313 Cr. P. C. , the accused claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions decided the case as indicated above.

(3.) ALTHOUGH Mr. N. A. Naqvi, learned counsel for the accused criticised the impugned judgment from various angles, his main contention was that non explanation of the injuries sustained by accused Jagdish Singh and Bharat Singh is fatal to the prosecution case. The prosecution has suppressed the genesis of the incident therefore it can be inferred that the incident had not occurred in the manner as suggested by the prosecution. It was also contended that the incident had taken place all of sudden without any premeditation and so many persons were having guns in their hands while they were celebrating Holi festival, therefore the charges against the accused are not established beyond reasonable doubt. Moreso, no case under Section 302 IPC is made out against the accused. It is also canvassed that accused Bharat Singh did not share common intention with Jagdish Singh, therefore his conviction under Section 302/34 IPC also deserves to be set aside.