DAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DANSINGH and 4 others have filed this appeal challenging their convictions under Ss. 302, 325 and 147 IPC and sentence to various terms of imprisonment awarded to each one of them by the learned Additional Sessions Judge, Sikar vide his judgment dated 31st January, 1975.

(2.) THE facts giving rise to the incident to which this appeal relates are in a nut -shell as follows. It is alleged that Hardeva was harbouring some ill will against Nathu Jogi brother of deceased Sheonath Jogi on a question of having some (sic) relationship with a lady known Mst Chhoti of village Piprah. It is said that Mst Chhoti was formerly having such relations with Hardeva but later on she developed her intimacy with Nathu Jogi This naturally created the animosity between the two

(3.) ON April 11, 1974 accused Rameshwar, Dansing, Jeewan and Laxman gave beating to Sheonath in the village and thereafter Sheonath was dragged by these accused appellant towards the bus stand of that village Raghunath P W 10 had a shop at the bus stand After having entrusted the shop to his nephew Mithu son of deceased Sheonath Singh he started for fetching milk from the village and on his way to the village he found that beating was being given by Rameshwar, Dansingh, Jeewan and Laxman to Sheonath. According to him Rameshwar gave a lathi blow on the left shoulder of Sheonath while Dansingh also gave lathi blows to Sheonath. Sheonath fell down and thereafter according to witness Raghunath P.W. 10, the of her two accused persons, namely, Jeewan and Laxman beat him with Jathies. Sheonath fell down but he was bodily lifted by Raghunath and Dansingh and turban was tied around his waist and he was brought to the motor stand of the village. At the motor stand Hardeva was standing with his tractor. He then exhorted that Jogis should be killed. Hardeva then pulled the moustaches of Raghunath who was trying to save his brother Sheonath. Rameshwar went to a nearby shop of a barber Gajanand and brought a pair of scissors and cut the moustaches to humiliate the witness. The scissors was then returned to Gajanand. It is at this stage of the incident that Mst. Kesar PW9 came to the shop of Raghunath and witnessed the occurrence. The story of the prosecution further reveals that Hardeva gave a kick on the stomach of Sheonath and the other accused persons further beat him with lathies. while Sheonath was lying on the ground at the bus stand. After some time be succumbed to the injuries. Thereafter the dead body of Sheonath was placed on the tractor by Hardeva but later on they changed their mind and left the dead body at the motor stand and made good their escape from there. It is said that Mithu the son of Sheonath who was left behind to look after the shop at the bus stand had also witnessed this occurrence. It is really regrettable that no independent person who had witnessed the scene took up courage to come in the witness box and, therefore, the entire prosecution case revolves round the testimony of the three eye -witnesses Raghunath, Mst. Kesar and Mithu, all members of one family. On registering the case the S.H.O. went to the scene of occurrence and conducted the investigation. Dr. B.P. Jangid PW8 performed the post -mortem examination on the dead body of Sheonath and found the following external injuries on the dead body of the deceased : - -