DANGAR SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Roop Singh had two sons namely Chironji and Nathi. Nathi was unmarried. Both Chironji and Nathi succeeded equally to the estate (land) of their father Roop Singh. Chironji had two sons namely Bhawani Singh (P.W.1) and Vipati. Three accused appellants to the criminal appeal namely Dangar Singh, Bachchu Singh and Gopal @ Ram Gopal all are sons of Vipati Singh. The land of Chironji fell to equal share of Bhawani Singh and Vipati, father of all the accused appellants. Bone of contention is the land owned by Nathi, unmarried uncle of Bhawani Singh (P.W.1). Nathi was staying with three accused appellants and he had transferred land falling to his share by way of a registered sale-deed to the three accused appellants namely Dangar Singh, Bachchu Singh and Gopal @ Ram Gopal to the annoyance of family of complainant Bhawani Singh (P.W.1).

(2.) In the occurrence, Mahendra Singh and Mahaveer Singh both sons of Bhawani Singh (P.W.1) have died. Mahendra Singh was murdered due to gun shot injuries fired at him, whereas Mahaveer died due to injuries caused by incised weapon and fire arm injury.

(3.) The criminal proceedings were set into motion on the basis of written report (Exhibit-P/2) submitted by Pappu @ Devkinandan (P.W.3) s/o Bhawani Singh (P.W.1). In the occurrence, from the side of all the three accused-appellants, namely Dangar Singh, Bachchu Singh and Gopal @ Ram Gopal, their benefactor Nathi had also suffered injuries which included fracture of right shaft of Humerus upper and fracture of 10th rib. From side of accused, only Nathi Singh was injured. Non-explanation of the injuries on the person of Nathi grand-uncle of the accused appellants, is the main question raised before us in this appeal by urging that not only the prosecution has suppressed the origin and genesis of the occurrence, but manner of the occurrence and the place of occurrence has also not been truthfully narrated by the complainant party and the witnesses examined by them.