STATE OF RAJASTHAN Vs. KISHAN SINGH

JUDGEMENT

(1.) In the instant criminal appeal, the appellant-State has challenged the judgment dtd. 20/9/1996 passed by the learned District and Sessions Judge, Pratapgarh ('Trial Court') in Sessions Case No.105/1990 (State of Rajasthan Vs. Shri Kishan Singh and Ors.), whereby, accused-respondents - No.1-Kishan Singh, No.2- Devi Singh & No.4-Ladkanwar were acquitted of the charges against them under Ss. 148, 302, 302/149 & 323 IPC; accused respondent No.3-Narwar Singh was acquitted of the charges against him under Ss. 148, 302 IPC, in alternative, Sec. 302/149 IPC; though accused-Narwar Singh was convicted under Sec. 323 IPC and sentenced to undergo one year's rigorous imprisonment alongwith a fine of Rs.1,000.00, in default, to undergo further three years' rigorous imprisonment. Hence, the appellant-State has challenged the impugned judgment dtd. 20/9/1996 only to the extent of acquittal part thereof.

(2.) Brief facts of this case, as placed before this Court by the learned Public Prosecutor appearing on behalf the appellant-State, are that on 9/8/1990, one Manohar Singh (complainant and P.W.2) gave an oral information to the S.H.O., Police Station, Badi Sadari, alleging therein that on the said date, at around 9:00 p.m., when, after grazing his ox, he returned to the village, accused-Narwar, intercepted and asked as to how the complainant was instrumental in getting the said accused's liquor seized; at that time, accused-Devi Singh, accused-Kishan's wife, Devi Singh's wife, whose name the complainant did not remember, also reached there. As alleged, they all attacked the complainant, and inflicted lathi blow on his hand, and stone blow on head. The said act was intervened by Kesar Singh, Sangram Singh and his wife, Kailash Singh, and other persons.

(3.) Learned Public Prosecutor appearing on behalf of the appellant-State submitted that Manohar Singh (P.W.2), Complainant, in his testimony while narrating the incident that occurred on 9/8/1990, stated that when he returned form his well after grazing his ox, and was tethering the ox at his house, accused-respondent Narwar Singh approached him, and hit him on his hand by an axe, and subsequently accused-respondent Devi Singh also hit him on his hand by a Lath. It was submitted that the said witness had also testified that, in the meanwhile the accused-respondent Kishan Singh also came and started hurling stones, and thereupon two ladies also joined the attack. Further, it was submitted that in the said testimony it had been stated that, in meanwhile Bhomsingh, Kesar Singh, Kalyan Singh intervened to save him, thereupon accused-respondent Narwar Singh gave a hit to Kalyan Singh on his head by the Moond of an axe, accused- respondent Kishan Singh gave a blow by lathi which caused injury on ear, accused-respondent Devi Singh gave a blow of lathi on the head of Kalyan Singh, and the ladies while hurling stones were suggesting to end the life of Kalyan Singh. It was submitted that P.W.2 had in clear words deposed that due to the injuries caused to Kalyan Singh by accused-respondents he fell unconscious on the spot, and thus was admitted in the Udaipur General Hospital, where he was declared dead. It was further submitted that Sangram Singh (P.W.4) corroborated with the testimony of P.W.2.