AVTAR SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the above criminal appeals filed under Section 374 Cr.P.C. are arising out from the judgment dated 25.5.2007 passed by the learned District & Sessions Judge, Hanumangarh in Sessions Case No.162/2004 whereby the learned trial court convicted all the five accused appellants for the offence under Section 148, 302/149 IPC and passed the following sentence against which, which reads as under:

(2.) Brief facts of the case are that on 28.8.2004 at about 11.50 p.m. one Vikram Singh (PW-1) submitted a written report Ex.P/1 before the SHO, Police Station, Tibbi, District Hanumangarh in which it was alleged that today at about 8.30 p.m. his elder brother Mahaveer Singh left the house by saying that he is going to the house of Dilip Dhanak, but did not return till 10.00 p.m., therefore to search him the complainant went to the house of Dilip Dhanak but in between way when he reached in the street of Bawari's near Water Works at about 11.00 p.m. hear the cry of his brother Mahaveer Singh, therefore, he immediately, rushed to the spot and saw that accused appellant Avtar Singh and his sons were beating his brother Mahaveer Singh and he was lying on earth. As per the allegation in the FIR, Avtar Singh was having Gandasi and his son Jaggi was having sword and other sons Mangi, Mohar Singh and Jeewan were having lathis in their hands and they were severely beating him. The complainant alleged in the FIR that when he made hue and cry then all the 5 appellants ran away from the spot and due to the injuries caused by all the 5 persons his brother died.

(3.) The SHO, Police Station Tibbi, District Hanumangarh registered the FIR No.238/2004 (Ex.P/1) under Section 147, 148, 149 and 302 IPC and rushed to the place of occurrence and commenced investigation. During investigation site plan (Ex.P/2 and Ex.P/2A) was prepared and after completing all the formalities on the spot took the body of the deceased to the hospital and in the morning on 29.8.2004 in between 9.30 to 10.30 a.m. post mortem was conducted by the medical officer at Primary Health Center, Tibbi (Hanumangarh). The accused appellants were arrested and after their arrest the blood stained sword was recovered as per the information given under Section 27 of the Evidence Act by the accused Jagseer Singh @ Jaggi on 30.8.2004 at about 4.45 p.m. thereafter, blood stained shirt of accused appellant Avtar Singh @ Jagtar Singh was recovered on 30.8.2004 at 5.30 p.m. vide Ex.P/9 and one blood stained Gandasi was also recovered at the instance of the accused Avtar Singh @ Jagtar Singh. From other accused Manga Singh @ Bhagat Singh, Mohar Singh and Jeevan Ram @ Jivan, Lathis were recovered vide Ex.P/12, P/14 and P/16.