KISHAN SINGH Vs. STATE

JUDGEMENT

(1.) These appeals have been preferred against the judgment dated 30-5-89 passed by the learned Sessions Judge, Jodhpur, whereby he convicted appellant Khinv Singh for the offence under Section 302, I.P.C., for committing the murder of Prithvi Singh and appellants Bhanwar Singh, Kalyan Singh Kishan Singh, Daul Singh and Rameshwar Singh for the said murder under Section 302/149, I.P.C., and sentenced each one of them to life imprisonment and fine of Rs. 50.00 in default to further undergo R. I. for one month. He further convicted the aforementioned six appellants for committing murder of Onkar Singh under Section 302 read with 149, I.P.C., and sentenced each one of them to life imprisonment and a fine of Rs. 50.00 in default to further undergo R. I. for one month. He further found all the appellants guilty for the offence under Section 148, I.P.C., and sentenced each one of them to R. I. for one year and directed that all substantive sentences shall run concurrently.

(2.) Since these appeals are out of the same judgment, they are being decided by this common judgment. 3. Stated in succinct the facts necessary for the disposal of these appeals are that on 5-10-85 at about 9 a.m. deceased Prithvi Singh and his cousin sister P.W. 3 Kumari Sushila aged about 15-16 years were going to their field, situated near village Kakelav to harvest their 'Guwar' crop. Prithvi Singh was carrying on a pitcher of water. When they reached near the 'Bara' of appellant Kalyan Singh, appellants Daul Singh, Kishan Singh and Rameshwar Singh emerged out from the said 'Bara', while appellants Khinv Singh, Bhanwar Singh and Kalyan Singh came there from the rear side. Appellants Kishan Singh, Rameshwar Singh and Khinv Singh were armed with 'Dharias' while other appellants had lathies. It is alleged that appellant Khinv Singh told to appellant Kishan Singh that their enemy has been found and that they would teach him a lesson for pursuing the case against them. Thereupon, appellant Khinv Singh dealt a 'Dharia' blow on the head of Prithvi Singh with the result that the latter fell down. Thereafter all the appellants indiscriminately inflicted 'Dharia' and lathi blows causing multiple injuries to Prithvi Singh. who succumbed to. his injuries. When Sushila raised an alarm, appellants told her that they have already killed Prithvi Singh and now it was the turn of her family members. P.W. 2 Gopal Singh, who also witnessed the said incident asked the appellants not to do so. He also started raising alarm. It is the case of the prosecution that the appellants dragged the deal body of Prithvi Singh towards the village. Kumari Sushila ran towards village and informed about the incident to her father Roop Singh (P.W. 1), deceased Onkar Singh and Shaitan Singh, who were at that time going to their house carrying the 'Chhipta' (Bajra Plant Stems) in a cart from their field. It is further the case of prosecution that at that point of time appellants also reached there. Thereupon, in order to save their lives Roop Singh. deceased Onkar Singh and Shaitan Singh ran helter skelter leaving their bullock cart in the way. Deceased Onkar Singh entered into the 'Bara' of one Lala Ram Nai, but the appellants entered therein and dragged him out. Appellant Kishan Singh inflicted a 'Dharia' blow on the head of Onkar Singh, who fell down. Appellant Rameshwar Singh dealt a 'Dharia' blow on his face. Thereafter all the appellants indiscriminately caused multiple injuries to Onkar Singh by inflicting 'Dharia' and lathi blows. The appellants also ran after Shaitan Singh, who made good his escape.

(3.) P.W. 1 Roop Singh rushed to Police Station, Dangiabas, which is at a distance of about 10 Kms. from the place of occurrence and lodged written report Ex. P. 1 to P.W. 6 Jabbar Singh L. C. on the same day at about 11.30 a.m. The S.H.O. and the Head Moharir had gone out of Police Station on Government duty, as such F.I.R. could not be drawn. P.W. 11 Sohan Lal, S.H.O. returned to the Police Station same day at about 1 p.m., whereupon formal F.I.R. Ex. P. 17 was drawn and a case was registered under Sections 147, 148, 302, 149, I.P.C. The S.H.O. inspected the place of occurrence, prepared site-plan and memo thereof Ex. P. 2A and Ex. P. 2 respectively and inquest reports of the dead bodies of Onkar Singh and Prithvi Singh Ex. P. 8 and Ex. P. 9 respectively. He also lifted the samples of bloodstained soil as also the controlled samples from the places of occurrence.