STATE OF RAJASTHAN Vs. JAGAN SINGH

JUDGEMENT

(1.) The State of Rajasthan is in appeal against the order dtd. 22/12/1994 passed by the Additional Sessions Judge, Sikar in Sessions Case No. 14/87, acquitting the accused-respondents for the offences under Ss. 147, 148, 302/149 and 460 IPC.

(2.) The brief facts are that the statement (parchabayan-Ex.P.10) of Tara Singh (hereinafter referred to as 'the deceased') was recorded at 6.00 AM on 24/11/1985. It was stated that in the night intervening on 23/11/1985/24/11/1985 at around 12.00 AM he was attacked at his home by the accused named therein who had come in two jeeps armed with knives, lathis and barchas. Girdhari chakkiwala and Jawahar Singh Paldi intervened to save the deceased. The cause of incident was old enmity. The deceased was not aware of the specific injury inflicted by each of the accused. The deceased fell unconscious and was brought to the hospital. On the basis of the statement, FIR No. 213/85 was registered under Sec. 147, 307, 323 IPC at Police Station Kotwali, Sikar. The deceased succumbed to injuries on 25/11/1985 and thereafter, Sec. 302 IPC was added. Before death of the deceased on 24/11/1985 at around 6.00 AM, the dying declaration (Ex.P.9) was recorded by the Magistrate. The statement under Sec. 161 Cr.P.C. (Ex.P.19) of the deceased was also recorded. The challan was filed against fifteen persons. During trial, Rajindra Singh and Roop Kishore @Kishore Singh died and Mahipal Singh was absconder, who later died. The charges were framed under Ss. 147, 148, 302/149 and 460 IPC. The prosecution examined twenty two witnesses and exhibited thirty four documents to prove its case. In the statement recorded under Sec. 313 Cr.P.C., accused stated it to be a case of false implication and claimed trial. In defence, three witnesses were examined and six documents were exhibited. The Trial Court acquitted all the accused giving benefit of doubt. Hence, the present appeal.

(3.) This appeal was filed against remaining twelve accused and during pendency of the appeal, Akhil Kumar and Mohan Lal died and appeal was abated qua them. The appeal survives against the remaining ten accused.