JEETA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants were convicted of the offences u/sec. 307/ 34 IPC and were sentenced to 4 years rigorous imprisonment and to pay a fine of Rs. 200/ -. Two appellants namely Jeetasingh and Charansingh were convicted of the offence u/sec. 379 IPC and were sentenced to one year's rigorous imprisonment and to pay a fine of Rs. 100/ -. Both the sentences were ordered to run consecutively. On the first count, in default of payment of fine the appellants were ordered to undergo 2 months rigorous imprisonment and in default of payment of fine on the second count, the two accused persons were ordered to undergo one month rigorous imprisonment.

(2.) BALWANTSINGH P. W. 5 lodged the report Ex. P. 11 at the police station. G. R. P Hanumangarh on 18. 7. 73 at 11. 30 p. m. regarding the occurrence, which is alleged to have taken place at 9 p. m. The version given by him, was that he along with his uncle Fojasinghhad gone to the Railway Station, Talwara. Foja-singh was to leave for Amritsar. He further stated that after the purchase of the tickets when he reached at the platform, the accused persons came there. Jeetasingh, Charansingh were armed with gandasa and Jantasingh and Balwinder-singh had lathis. First Jeetasingh inflicted gandasa blow on the head of Foja-singh and Charansingh then inflicted the blow on the left arm with gandasa. The other two accused persons inflicted lathi blows. On sustaining of injuries, Fojasingh fell down. Jeetasingh then took away the 12 bore double barrel gun of Fojasingh and Charansingh took away the bag containing the licence, cartridges and money. Thereafter all the accused ran away from the spot. A case u/-sec. 394, 324, 323 IPC and Sec. 120 of the Indian Railway Act was registered. Necessary investigation was conducted and after completion of the investigation, charge sheet was presented and the accused persons were committed for trial. At the trial, the accused persons pleaded not guilty and claimed trial. As many as, 8 witnesses were examined by the prosecution. After recording the statement of accused persons, the accused persons examined two witnesses in defence. The learned Sessions Judge after hearing the argument, convicted and sentenced the accused persons as aforesaid.

(3.) ACCORDINGLY the appeal is partly allowed. Convictions of the appellants Jeetasingh and Charansingh for the offences u/sec. 307/34 and 379 IPC are set-aside. However, Jeetasingh and Charansingh are convicted of the offence u/sec. 324 IPC and Jantasingh of the offence u/sec. 323 IPC. They are sentenced to the period of their custody. They are already on bail, so they need not surrender. Their bail bonds are discharged. .