J DIDAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE three appeals are directed against the judgment dated March 23, 1982 passed by the learned Additional Sessions Judge, Raisinghnagar. As all the three appeals arise out of the same judgment and common questions are involved therein, we propose to dispose them of by a common judgment. By that judgment appellants Didarsingh, Darshansingh, Jeetsingh, Balwantsingh, Trilochansingh @ Triloksingh, Gurdeepsingh @ Gura were convicted for the offence u/s. 302/149 and 147 I. P. C. and each of them was sentenced to imprisonment for life on the first count and a fine of Rs. 50/-, in default to undergo one months R. I. and one years R. I. on the second count. Trilochansingh and Gurdeepsingh were also convicted u/s. 342 and 365 I. P. C. and sentenced to six months R. I. each on the first count and similar sentence on the second count.

(2.) SUCCINCTLY narrated the prosecution case is that on October 30, 1979 Harbanskaur wife of Bachansingh asked Labhsingh (P. W. 7) to call her husband from the 'dhani' of Didarsingh. Labhsingh went to the 'dhani' of Didarsingh, where he found Balwantsingh. Darshansingh and Didarsingh sitting outside the 'dhani'. Labhsingh asked Bachansingh to return to home. Bachansingh told him that he would come after ten minutes. Labhsingh informed Harbanskaur accordingly. Baldeosingh (P. W. 10) went to the house of Bachansingh to ask him about cattle fodder from him. On being informed about Bachansingh being at the 'dhani' of Didarsingh, Baldeosingh went there and had a talk with Bachan Singh regarding the fodder. He was informed by Bachansingh that he had already sold the fodder. Bachansingh did not return to his house. At 8. 30 Harbanskaur asked Darasingh (PW 4) her maternal uncle to go to the 'dhani' of Didarsingh and bring Bachansingh. Darasingh went to the 'dhani' of Didar Singh situated in his field at a distance of two miles from the 'dhani' of the witness. The door of the room was closed. Darasingh standing outside peeped inside through the aperture and saw the six appellants giving a beating to Bachansingh and the latter being unable to speak. Gurdeepsingh and Trilochan Singh came out and gave a beating with lathis to Darasingh (P. W. 4 ). They caught hold of Darasingh and took him to another 'dhani' at a distance of about two miles and tied his hands and feet with rope and confined him there. Gurdeepsingh and Trilochansingh kept constant watch over Darasingh (P. W. 4) so that he may not make good his escape. As Bachansingh had not returned, Harbans Kaur proceeded in his search. On the next day she went to Chak No. 47 G. G. She also searched him at Kumpli and Ramsinghpura. As per husband he was not available at any of those place she got a report scribed by a petition writer and went to Police Station Anoopgarh with Jasmalsingh and Mansingh. She presented the report Ex P/21 on November 2, 1979 at 10. 30 P. M. before P. W. 13 Swaroopsingh, S. H. O. of that Police Station. The S. H. O. registered a case under sections 302, 201, 147, 148, 149 and 342 I. P. C. and proceeded for investigation. He went to the 'dhani' of Didarsingh and inspected the site. He prepared the site inspection memo and the site plan.

(3.) WE heard Mr. Nandlal and Mr. Mridul Jain for appellants Jeetsingh, Trilochansingh and Balwantsingh, Mr. M. M. Singhvi for appellant Gurdeep-Singh @ Gura and Mr. M. L. Garg for appellants Didar Singh and Darshan-Singh and Mr. G. M. Bhandari, Public Prosecutor for the State and carefully examined the record of the case.