STATE OF RAJASTHAN Vs. VIJAY SINGH

JUDGEMENT

(1.) Vijay Singh, Bhanwar Singh, Kalyan Singh, Kishan Singh, Khem Singh, Vaje Ram, Anandi Lal and Jalam Singh were prosecuted on charges under Sections 302,302/34 and 120-B of the Indian Penal Code for having caused death of Ranjeet Singh, Devi Lal, Kanhaiya Lal. Suresh Chandra, Shanti Lal, Hazari Lal, Arjun Lal, Gulab, Prakash, Chuni Das and Sunder Lal by intentionally dashing a dumper driven by Vijay Singh son of Bhanwar Singh with the Jeep in which the eleven deceased persons were travelling. The motive for the crime was alleged to be enmity between the parties arising out of a property dispute and a Criminal Case going on between the parties.

(2.) Accused Vijay Singh is the son of accused Bhanwar Singh and accused persons Kalyan Singh, Kishan. Singh and Khem Singh are the brothers of Bhanwar Singh. The trial Court acquitted all the accused persons of charge under Section 120-B I.P.C. Accused Vijay Singh son of Bhanwar Singh was found guilty under Section 302 I.P.C. and accused Jalam Singh son of Chattar Singh was found guilty under Section 302/34 I.P.C. and both of them were sentenced to death. The other accused persons Bhanwar Singh, Kalyan Singh, Kishan Singh, Khem Singh, Vaje Ram and Anandi Lal were acquitted of the charge under Section 302/34 I.P.C.

(3.) Murder Reference No. 1/94 is initiated under Section 366 of the Code of Criminal Procedure by the trial Court. D. B. Criminal Appeal No. 422/94 is an appeal submitted by convict Vijay Singh from jail against his conviction and death sentence. D. B. Criminal Appeal No. 423/94 is an appeal submitted by convict Jalam Singh from jail against his conviction and death sentence. D. B. Criminal Appeal No. 425/94 is an appeal filed on behalf of convicts Vijay Singh and Jalam Singh through their counsel Mr. Doongar Singh. D. B. Criminal Appeal No. 335/95 is an appeal filed by the State of Rajasthan against acquittal of Bhanwar Singh. Kalyan Singh, Kishan Singh, Khem Singh. vaje Raj and Anandi Lal from charges under Section 302/34 and Section 120-B I.P.C. as also against the acquittal of Vijay Singh and Jalam Singh from charge under Section 120-B I.P.C. which was registered as consequence of grant of Leave to Appeal in D. B. Criminal Leave to Appeal No. 207/94. Mr. Doongar Singh, learned counsel appearing for the convicts in Death Reference No. 1/94 took notice on behalf of the aforesaid six acquitted persons out of whom Bhanwar Singh, Kalyan Singh Kishan Singh, Khem Singh, Vaje Raj and Anandi Lal were present in the Court and were identified by Mr. Doongar Singh. Accused Vijay Singh and Jalam Singh having been sentenced to death were in Jail.