RATAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused Ratan Singh who was tried alongwith one Surjeet Singh for offence u/ss. 302, 323, 324 read with Secs. 34 & 341 Penal Code Surjeet Singh was convicted for offence u/s. 341. The proceedings were initiated on the basis of FIR lodged on the basis of oral report given by Amreek Singh on 24.1.2000. According to the FIR accused Ratan Singh was armed with a 'Kali i' which is a sharp edged weapon and Surjeet Singh was armed with the stick. Thakar Singh was given a 'kapa' blow by Ratan Singh, Thakar Singh is alleged to have been given other injuries by Surjeet Singh also. Surjeet Singh was given a role in the FIR for cutting the upper lips of the victim.

(2.) At the trial, the prosecution examined 14 witnesses. The accused examined two witnesses. After considering the case of the prosecution, the learned trial Judge came to the conclusion that no case is made out against the accused Surjeet Singh and consequently he was acquitted. However, the trial Court was of the opinion that accused Ratan Singh was responsible for causing injury on the person of the deceased Thakar Singh and, therefore, he was convicted of offence u/s. 302 Penal Code and sentenced for life. Both the accused persons were acquitted of the charges u/ss. 341, 323 & 324 read with Sec. 34.

(3.) Arguing the case of the accused, learned Counsel for the appellant submitted that the eye-witness Amreek Singh is the best witness, the prosecution could produce. According to the statement of this witness, given in examination-in-chief, he has said that injuries have been inflicted on deceased. In his cross-examination, he admitted that when he arrived, Thakar Singh had already sustained injury on head. He was seen by him fallen on the ground. According to the learned Counsel, there was no scope for this witness to have seen the occurrence. In his statement this witness has admitted that before his arrival the deceased had received the injury. According to prosecution, he has seen the occurrence which appears to be a remote possibility.