BHAGWAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise out of the same judgment of the learned Sessions Judge, Sikar, dated 4 -9 -1982.

(2.) THE incident took place at village Katarthal on 30th November, 1980, a report about which was lodged at Police Police Station Raghunathgarh, by lobar Singh, Kishore Singh and five others were first challaned and the trial against them was conducted in Sessions Case No. 27/1981. The other persons were subsequently challaned and they are Vijendra Singh Ridmal Singh and Bhagwan Singh. The trial against them is in Sessions Case No. 51/1981. However, as the cases arose out of the same incident, they have been decided by one judgment, the two sets of accused have preferred separate appeals before this Court. They have been convicted as under : Accused Kishore Singh, Surjeet Singh, Rohtash Chandra Singh, Richpal Singh, Sher Singh, Ridmal Singh, Vijendra Singh and Bhagwan Singh have been convicted under Section 148, IPC and sentenced to one year's rigorous imprisonment, under Section 325/149 IPC, two years rigorous imprisionment and a fine of Rs. 100/ - each and in default of payment of fine to undergo one month's rigorous imprisonment and under Section 324/149 one year's rigorous imprisonment and under Section 324/149 IPC, three months rigorous imprisonment.

(3.) THE First Information Report in this case may be first looked into, which was lodged by PW 1 Jabar Singh, at Police Station Raghunathgarh, District Sikar, on 30th November, 1980 at 3.00 p.m. The distance of the Police Station, from the place of occurrence is 16 miles In this report PW 1. Jabar Singh gave out the story that on the same day at about 12 noon Govindaram (deceased), Tarachand, Kesar Vijaipal etc. were having tea at the shop of Ramkumar near the bus stand Katrathal when Ridmal Singh, Rohtash, Ved Prakash, Vijendra Singh, Kishore Singh, Richpal Singh, Surjeet Singh, Sher Singh, Bhagwan Singh, Chandra Singh and Bhola Ram came there, armed with guns, lathies and farsies attacked the persons sitting there with common intention. They also pelted stones guns were fired several times and Govindram and Tarachand were hurt by the gun shots. Govindram died as a result of the injuries while Tara Chand. Kesar Singh, Vijaypal and Ram Kumar were injured, who were admitted to the hospital. It was specifically mentioned that Rohtash and Ved Prakash had guns, who fired them. Ridmal Singh and Sher Singh were attributed with farsies. Others had lathies.