GYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In early hours of the morning at 7-8 a.m. on 9-3-1995. Village Kudhawal located at a distance of 15 Kms. from Police Station Todabhim became a scene of ghastly crime when two persons namely Siyaram and Hari Singh lost their lives, whereas eleven others namely Suman Singh (PW-5), Dharme (PW-16), Sri Kishan (PW-4), Bharosi (PW-8), Kedar (PW-6), Harbeer (PW-13), Pitram (PW-10), Mukesh (PW-9), Samundra (PW-15), Mst. Chandan (PW-12) and Mst. Dhanwanti (PW-14) received multiple injuries by firearms. FIR with regard to the incident came to be lodged by a written report (Ex. P-16) by Ramasharan (PW-20) on the same day at 9.30 p.m. The said report with regard to the incident reached the concerned Magistrate at Hindaun on 10-3-1995 at 11 a.m.

(2.) For the crime leading to death of two persons and injuries to persons named above, the first informant named as many as 28 persons, all inter se related, and ascribed their participation in the crime with the weapons with which they were armed. The officer, entrusted with the investigation of the crime, however, found only 19 persons responsible for the commission of crime and thus, challaned the said nineteen persons only. Others were found innocent and were thus not sent for trial.

(3.) In the present case, this court is concerned with 18 persons who have since been held guilty and convicted. One person out of the 19 persons who were challaned, it is stated, was charged later on and the trial against him is still going on. All the 18 persons, who were challaned and faced trial have since been convicted. They have filed two separate appeals bearing D.B. Criminal Appeal No. 99/98 and D.B. Criminal Appeal No. 50/98.