HAMBIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the double murder case, accused appellants, five in number, were placed on trial before the Additional Sessions Judge (Fast Track) No. 1, Bharatpur. The Trial Court vide its judgment dated 18. 10. 2001, in sessions case No. 120/2001 convicted and sentenced each of the accused appellants as under :- (1) Hambir (2) Mahendra (3) Govinda (4) Jeet Singh (5) Balram @ Balla : Under Section 302/149 IPC :-Life imprisonment and a fine of Rs. 500/-, in default of payment of fine, one month's rigorous imprisonment. Under Section 435 IPC :-Five years rigorous imprisonment and a fine of Rs. 250/-, in default of payment of fine, fifteen days rigorous imprisonment. Under Section 147 IPC :-One year rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine, ten days rigorous imprisonment. The substantive sentences were ordered to run concurrently.

(2.) A written report (Ex. P11) was submitted by Nahar Singh (PW6) (father of the deceased Rajvir) at Police Station Bayana, District Bharatpur on 14. 3. 1999 at 9:45 am with the averments that on 13. 3. 1999 at about 9:30 pm his son went to Brahmbad by Jeep. Thereafter at about 11:00 pm he came to know that Hambir Singh, Govind Singh, Jeet Singh, Mahendra Singh, Balla Singh, Polu Singh with his brother Mahendra Singh along with some other persons armed with Lathies and Pharsas followed his son. On account of fear he (Nahar Singh) remained in his house. On 14. 3. 1999 at 6 a. m. he came to know that the dead bodies of his son Rajvir Singh and one girl are lying in burnt condition in his Jeep in between Brahmbad and his village.

(3.) THE prosecution in its endeavour to secure conviction against the appellants relied on the testimony of Surendra (PW2), Noori @ Damo (PW1), Hukam Singh (PW11) and Shyam Singh (PW12) who were examined to provide ocular version of the events.