SURESH KUMAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Having been convicted and sentenced for the offence under Sec. 302 read with Sec. 34 IPC, the accused -appellants by way of these separate appeals under Sec. 374 Cr.P.C. have challenged the judgment and order dated 23.9.2014 passed by the Additional Sessions Judge No. 2, Jhunjhunu in Sessions Case No. 69/2012. Each of the appellants has been awarded sentence of imprisonment for life and fine of Rs. 5,000/ - and in default of payment of fine, to further suffer imprisonment for six months. The appellants were charged and tried on the premise that they in furtherance of their common intention to cause death of deceased -Shri Mohar Singh inflicted injuries which were sufficient to cause death in the ordinary course of nature on 19.12.2011 at about 8.30 p.m. near a liquor shop in village Natas. It was the case of the prosecution that a lathi and a broken liquor bottle was used by the appellants to cause injuries to the deceased.

(2.) Brief relevant facts for the disposal of these appeals are that informer -PW1 -Shri Rajpal Singh, son of deceased, lodged a written report Ex. P1 on 20.12.2011 at 8.30 a.m. at Police Station Guda Gorji with the averment that on 19.12.2011 at about 8.30 p.m. when his father -Shri Mohar Singh reached near the liquor shop at Village Natas, the present appellants inflicted injuries to him by means of lathis and on information being provided to him about the incident by PW5 -Shri Shravan Kumar, when they reached at the place of incident, they found their father unconscious. It was further alleged that they took Shri Mohar Singh to a Hospital at Jhunjhunu, but the doctor referred him to Jaipur after finding his condition serious. It was further alleged that as a result of injuries caused to his father he died in the way when he was being taken to Jaipur. On the basis of the aforesaid written report, FIR No. 388/2011 came to be registered against the appellants for the offence under Sec. 302 read with Sec. 34 IPC and investigation commenced. During investigation oral as well as documentary evidence was collected and after usual investigation charge -sheet for the aforesaid offence was filed against the appellants. After the case was committed to the trial Court, the appellants were charged accordingly and in support thereof prosecution produced oral as well as documentary evidence. In the statement recorded under Sec. 313 Cr.P.C., each of the appellants denied the prosecution evidence and it was specifically stated by them that they have falsely been implicated but no evidence was produced in defence. Learned trial Court after hearing the parties found the appellants guilty for the aforesaid offence and feeling aggrieved they are before this Court by way of these separate appeals. It is to be noted that the sole eye -witness of the incident PW5 -Shri Shravan Kumar during trial did not support the prosecution case and he was declared hostile. The learned trial Court has found appellants guilty mainly on the basis of oral dying declaration allegedly made by the deceased before informer PW1 -Shri Rajpal Singh and PW4 -Shri Rajendra Singh. As both these appeals arise out of the same judgment and order and are based almost on similar grounds, with the consent of learned counsel for the parties, the same were heard together and are being decided by this common judgment and order.

(3.) In support of the appeals, learned counsel for the appellants jointly raised the following grounds: -