AJIT BHANU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment of the learned Sessions Judge, Pali dated 4.8.1994 passed in Sessions Case No.1 of 1994 whereby the learned Sessions Judge has convicted the accused-appellants Ajit Bhanu Singh, Poona Ram, Mohan Lal and Mohabat Singh of the offence under Section 302/34 and has sentenced them to rigorous imprisonment for life together with a fine of Rs. 500/ - each and in default, to further undergo one yearTs rigorous imprisonment. However, the accused Mahaveersing has been acquitted of the offence under Section 302134 and against his acquittal, the State has filed Appeal No. 459 of 1994 and accused appellants Ajit Bhanu Singh, Poona Ram, Mohan Lal and Mohabat Singh have filed Appeal No. 74 of 1994 against their conviction.

(2.) The facts necessary to be noticed, for the disposal of this appeal, briefly stated are: that on 18.9.1986, one Pataram son of Jethaji resident of Chamunderi lodged a written report in Police Station, Nana that he is serving at the house and well of Shri Amarsingh Meena, Sarpanch of village Chamunderi. On that day, at about 7 a.m., he started from his house on his motor cycle towards Sumerpur and Lundara well but when he did not return to his house till 9 p.m. his mother asked him and one Gamanaram son of Hakaram by caste Saragara to go in search of him towards Lundara well. On this, they started on foot by the way which goes from railway station towards Lundara well and in the way they found that he was lying dead and he has been killed. His Motor cycle was lying towards the southern side and his watch was lying with a broken stripe and his dead body was lying with his face towards earth. His head was towards south and his face was towards east. They noticed that injuries were inflicted on his head and other parts of the body and those injuries were bleeding. Blood was also oozing out of his mouth. According to the first informant, he has been killed at 7 p.m. but they do not know whether anybody has seen this incident or not but if somebody has seen the incident then they will disclose their names to the Police. It was also disclosed in this written report that Sarpanch Amarsingh had some enmity with accused Ajit Bhanu Singh and Vikramsingh sons of Ramchandrasingh Rajput resident of Veerampur and Mahaveersingh Ranawat, a private Doctor of village Chamunderi, Jai Singh Rajput resident of Chimanpura, Sohansingh son of Dharamsingh Rajput resident of village Chamunderi and Laxmansingh Rajput etc.

(3.) On the basis of this report, a formal FIR was drawn and the site was inspected and site inspection memo was prepared. The inquest memo of dead body was prepared and that has been marked as Ex. P.S. The blood stained soil was recovered vide Memo Ex. P. 6. The Motorcycle was also recovered vide Memo Ex. P. 7. The Photographs of the dead body were taken and they have been marked as Ex. P. 34 to Ex. P. 37. The accused persons except Ajit Bhanu Singh were arrested. On the information of accused Mohanlal, one iron cap alongwith the burnt portion of a lathi was recovered vide Memo Ex. P. 10 on 27.9.1986. Accused Mohabatsingh got recovered one lathi from his house vide Memo Ex. P. 11. Accused Poona Ram also got recovered one lathi vide Memo Ex. p. 16. The Panchanama Lash was also prepared and that has been marked as Ex. p. 24. The clothes of the deceased were also recovered vide Memo Ex. p. 25 on 19.9.1986.