DILIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, nine in number, along with co-accused Santu, were put to trial before the learned Special Judge (Communal Riots/mansingh Murder) Jaipur, who vide judgment dated May 18, 2000, while acquitting co-accused Santu, convicted and sentenced them as under:- Appellants Dilip Singh & Dasrath Singh u/s. 302 and 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 3000/- , in default to further suffer rigorous imprisonment for three months. u/s. 148 IPC: Each to suffer rigorous imprisonment for two years. Appellants Mahaveer Singh, Rajveer Singh, Sudepal, Damodar, Ravindra Singh, Diwan Singh and Khem Singh: u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 3000/- , in default to further suffer rigorous imprisonment for three months. u/s. 147 IPC: Each to suffer rigorous imprisonment for one year. THE substantive sentences were ordered to run concurrently.

(2.) THE prosecution story is woven like thus:- On December 29, 1997 informant Raju Nayak (PW. 2) submitted a written report (Ex. P. 3) at Police Station Jhotwara to the effect that on the said day around 8. 15 AM Rajendra Grover (since deceased) came on a motor cycle to his house at Plot No. 125 Shri Ram Nagar as there was cricket match of their team. In the meanwhile a jeep of cream colour came from the side of Adarsh Vidhya Mandir and hit the motor cycle of Rajendra Grover. Informant and Rajendra Grover both ran for their life but Dilip Singh, Dasrath Singh Mehroli, Mahaveer Singh, Sunil Bihari and 5- 6 others armed with sword, Pharasa, Lathis and gun belaboured Rajendra Grover and started inflicting blows on his person with the weapons. THE persons who had gathered could not date to save Rajendra Grover. His one leg was cut and other leg was fractured badly. On arrival of police the injured was removed to hospital. On that report Police Station Jhotwara registered a case and investigation commenced. Necessary memos were drawn and statements of witnesses were recorded. Dead body of Rajendra Grover was subjected to autopsy. THE appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge (Communal Riots/mansingh Murder) Jaipur. Charges under Sections 147, 148, 302 and 302/120b IPC were framed against the appellants, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 26 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) INFORMANT Raju Nayak (PW. 2) in his deposition stated that on the said day around 8. 15 AM Rajendra Grover came on a motor cycle to his house at Shri Ram Nagar as there was cricket match of their team. At the same time Virendra Sharma, Raju Sharma and Pankaj Sharma also reached there. While all of them were talking, a jeep of cream colour came from the side of Adarsh Vidya Mandir and hit the motor cycle of Rajendra Grover. He saw Mahaveer Singh @ Sunil Bihari, Dilip Singh, Dashrath Singh and 5-6 others who were sitting in the jeep. He and Rajendra Grover both ran for their life but Dilip Singh, Dasrath Singh Mehroli, Mahaveer Singh @ Sunil Bihari and 5-6 others armed with sword, Pharasa, Lathis and gun belaboured Rajendra Grover in front of the house of Kamal Nayak and started inflicting blows on his person. Dilip Singh inflicted sword blows, Dashrath inflicted blow with pharasa. Dilip Singh had also exhorted others to kill Rajendra. He was beaten up brutally, his one leg was cut and other leg was fractured. Rajendra Grover was removed to hospital. Raju Nayak correctly identified Dilip Singh, Mahaveer Singh @ Sunil Bihari and Dashrath Singh in the court. In his cross examination he stated that Mahaveer Singh and Sunil Bihari is one person.