PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PREM Singh and Manohar Singh, the appellants herein, and one Sayar Singh were put to trial in Sessions Case No. 101/2001 (116/1998) before the learned Additional Sessions Judge (Fast Track) Jhunjhunu. Learned trial Judge vide judgment dated November 26, 2001 convicted the appellants PREM Singh and Manohar Singh for the offence under Section 302/34 IPC and sentenced them to suffer imprisonment for life and fine Rs. 5000, in default to further suffer three months rigorous imprisonment.

(2.) ACCORDING to prosecution story Nahar Singh (now deceased)was beaten up in the intervening night of June 4 and 5 1998 in village Dhamora. When Inder Singh real brother of Nahar Singh, received information of the incident in the morning of June 5, 1998, he rushed to village Dhamora and found Nahar Singh lying injured behind the shops of Jagdish Singh Shekhawant. On being enquired Nahar Singh informed that Manohar Singh, Prem Singh (appellant) and five seven other persons inflicted blows on his person with Lathis and Iron-rods and thrown him behind the shop of Jagdish Shekhawat. Whole night he was crying but nobody came near him. Inder Singh thereafter lodged written report at 10 AM with the police station Gudha Gorji where a case was registered under Sections 147, 341 and 323 IPC and investigation commenced. During the course of investigation injured Nahar Singh succumbed to his injuries and section 302 IPC was added. Dead body of Nahar Singh was subjected to autopsy, statements of witnesses were recorded by the police, necessary memos were drawn and the appellants were arrested. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Jhunjhunu. Charge under Section 302 read with 34 IPC was framed against the appellants, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 12 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellants claimed innocence and one witness in defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) ROHITASH Singh (PW. 11), who was posted as Head Constable at Police Station Gudha, deposed that since on June 5, 1998 Circle Inspector had gone out, he was Incharge of Police Station Gudha. On that day Inder Singh submitted a written report (Ex. P. 2) to him, on the basis of which, he got the formal FIR registered and recorded the statements of Nahar Singh under Section 161 Cr. P. C. (Ex. P. 20 ). In the cross examination, ROHITASH Singh stated that he recorded the statement of Nahar Singh at 10. 45 AM. but in the Daily Rojnamcha he did not made entry about this. He also admitted that he did not incorporate in the statement as to what was the condition of injured Nahar Singh.