ROOP SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The three appellants were tried alongwith one Bhikam Singh (now dead) before Additional Sessions Judge, Bayana for causing murder of Bhagwan Singh son of Inder Singh Thakur resident of village Milsama at about 7 p.m. on July 30, 1993, in Sessions Case No. 94/93 and were convicted and sentenced vide judgment and order dated May 31, 1994.

(2.) The details of the prosecution case are extensively set out in the impugned judgment of the trial Court and it is not necessary for us to repeat the same. However, we would like to give a brief resume of the important facts which are relevant for deciding the present appeal and various questions raised by the learned counsel for the appellants.

(3.) Put briefly, the prosecution case, as unfold in the First Information Report (for short the F.I.R.), was that the deceased Bhagwan Singh and his brother-in-law P.W. 7 - Rambabu of village Ibrahimpur had gone to Kheragatek to purchase house-hold goods in the market there. While they were returning after making purchases, they were surrounded by the appellants and co-accused Bhikam Singh and Net Ram, who were sitting in ambush with lathis in the field (garden) of one Leeladhar near the canal. As per the prosecution case, accused Bhikam hugged the deceased Bhagwan Singh, while appellant-Dalel Singh struck a lathi blow on his head and the appellants Roop Singh and Virendra Singh and co-accused Net Ram also inflicted lathi blows. On the alarm made by Rambabu, witnesses Rajbir, Viri Singh and other persons came at the scene of occurrence and saw the incident. It was further alleged that Rambabu, then, came to the house of informant Het Ram in village Milsama and narrated about the incident. Thereafter, Het Singh and Rambabu came to the scene of all occurrence and found Bhagwan Singh lying dead. The dead body of Bhagwan Singh was taken to the hospital at Roopwas on a tractor-trolley and a written report of the incident (Ex.P 9) was made at Police Station, Roopwas at 2.30 a.m. in the night. On this report, Crime No. 202/93 was registered under Sections 147 and 302 I.P.C.