TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON the allegation of causing death of Lakhan Singh by administering poison, the appellants were put to trial before the learned Additional Sessions Judge (Fast Track) Hindaun City District Karauli, who vide judgment dated April 28, 2003 convicted and sentenced them as under:- Man Singh @ Manak: U/s. 302 IPC: To suffer imprisonment for life and fine Rs. 1000, in default to further suffer three months rigorous imprisonment. Tej Singh U/s. 302/34 IPC: To suffer imprisonment for life and fine Rs. 1000, in default to further suffer three months rigorous imprisonment.

(2.) AS per the prosecution story Mukesh Chawla Sub Inspector (PW. 16) on July 16, 2000 reached Primary Health Centre Hindaun City and 9. 20 PM recorded parcha bayan (Ex. P. 7) of Lakhan Singh (now deceased) who was admitted in Medical Ward. In the Parcha Bayan Lakhan Singh stated that while he had gone to his field to keep a watch, Man Singh along with three-four persons came to the field and pushed him down on the cot. All of them caught hold of his hands and feet and Man Singh poured three black tables with water inside his mouth and forced him to swallow the tablets. After the tablets were swallowed by him, they left. Finding himself indisposed, he put his fingers in the month and vomited. After a long time his son Ajay Singh came. Other villagers viz. Vijendra, Vikram, Munna, Alam etc. also came over there and he was removed to the hospital where he died on July 18, 2000. On the aforesaid parcha bayan a case under Sections 147, 447 and 328 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Hindaun City District Karauli. Charges under Sections 147, 302 and 302/34 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 20 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence. Appellant Man Singh stated that Lakhan committed suicide because his father Mangi Lal executed a deed in regard to agricultural land in his (Man Singh) favour. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) MUDS lkfk okyksa us lsyqksl xksyh [kkus dh fglvh nh Fkha** It thus appears that the persons who brought the deceased to the hospital were present at the time of recording alleged dying declaration and the possibility that the declaration was the result of tutoring cannot be ruled out. Since the declaration appears to be suspicious we proceed to consider the corroborative evidence adduced by the prosecution in its support. Ajay Singh (PW. 1), son of the decease, in his deposition stated that on his reaching to the field he had seen his father lying on a cot, his hands, feet and head were caught by Vijendra Singh, Charan Singh, Bharat, Mukesh, Tej Singh and Rajveer @ Kallu and Man Singh opened the mouth of his father and dropped three black tables inside the mouth and poured water. He further deposed that he and other villagers took his father to the Hospital Hindaun from where he was shifted to Govt. Hospital Jaipur where he died. Ajay Singh submitted written report (Ex. P. 2) to the Police Station Hindaun City on July 19, 2000. Vikram Singh (PW. 2) and Dharam Singh (PW. 3) deposed that on hearing cries of Ajay Singh when they reached to the field they saw the accused running. Lakhan was lying on a cot and was not in a position to speak.