PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Prem Singh sb Banshi Singh, a constable driver of the Police Station, Sojat was tried under Secs. 302, 342 and 379 of the Indian Penal Code, for committing crime, of murder of Ghisulal, some time between night of 20th October, 1991 and 21st October, 1991, in the Police Station, Sojat itself, where the appellant accused Prem Singh was working as a police constable in the capacity of police driver. The AddI. Sessions Judge, Sojat vide his judgment dated 18th January, 1994 after appraising the prosecution evidence, circumstantial evidence and the documents produced in the court by the prosecution, ultimately convicted the appellant under Sees. 302, 342 and 379 of I.P.C. and sentenced him to life imprisonment and a fine of Rs. 100/ 4, in default of which, to undergo 15 days imprisonment under Sec. 302 I.P.C. He was further sentenced under Sees. 379 and 342 I.P.C. as well, and to undergo one yearTs imprisonment for each of the offences along with Rs. 50/- as fine and to undergo 15 days imprisonment in the case of default against each of the offences under Sees 379 and 342 I.P.C.

(2.) The brief facts as stated in the F.I.R., lodged by Tarachand P.W. 1, are that on 20-10-199 1, deceased Ghisulal, complainant Tarachand and one Kishore Kumar, P.W. 2 had returned from pali to Sojat, after getting their V.C. Rs. repaired. Ghisulal had got repaired his V.C.R. from the shop of Tilok Chand, P.W. 6. All the three persons had deboarded from the bus at about 10.15 in the night. The complainant had gone to his Video House/Shop, leaving Ghisulal and Kishore Kumar, at the bus stand. After about 15 minutes or so, Ghisulal had met complainant on the way, Ghisulal was accompanied by Kishore Kumar. His V.C.R. was not with him. The complainant was told by de ceased Ghisulal that his V.C.R. has been forcibly taken away by Prem Singh, accused-appellant, who was a driver constable in the said police station. Ghisulal had further requested the complainant that in case he knows said Prem Singh, then he should help him in getting back his V.C.R. Tarachand, on the asking of Ghisulal, went to the house of Prem Singh, appellant, here he used to live in Mahalla Kumbhar in the Sojat City, but was told there that Prem Singh does not live there any more. It was decided between them to go to Police Station, Sojat and they visited the police station. They were told by a person aged about 20 years that Prem Singh, appellant is in the police station itself and Prem Singh was called from inside police station. Tarachand had requested Prem Singh to return the V.C.R. which request was not agreed to. There had been talks between Tarachand, Prem Singh and Ghisulal inside the police station. Tarachand was strictly and firmly told by Prem Singh, appellant that he may not interfere in this matter. Tarachand was abused and was asked to go out, whereupon, the complainant, Tarachand went to his house, leaving Ghisulal inside the police station. Next morning, a relative of Ghisulal, namely, Nara came to the house of the complainant and told him that Ghisulal had died in the police station, and then they went to Anand Bhati who telephoned to the Superintendent of Police, Pali regarding death of Ghisulal in the police station. Ex. P/l7was recorded as F.I.R., on the facts mentioned above. It was further mentioned in the F.I.R. that V.C.R, was taken away by Prem Singh forcibly and Prem Singh was also under the in fluence of drinks. This incident was also mentioned to Ladu Ram. This was also mentioned in the F.I.R. that at the police station, when they went to see Prem Singh, there were other 3 or 4 police personals, who had also taken drinks. It was also mentioned in the F.I.R. that on asking for return of V.C.R., they threatened that they would be involved in some case, even a demand of money was also made. The F.I.R. was recorded and investigation was conducted by Jaswant Singh, P.W. 28. The proceedings under Sec. 176 of Cr. P.C. in regard to the death of deceased Ghisulal, was also conducted by S.D.M., Sojat, Prem Singh was arrested vide Ex. P/9. Prem Singh had also handed over V.C.R. and cassette belonging to the deceased to the Investigating Officer vide Ex. P /9. The dead body of the deceased was examined by the Board of Doctors Le. Dr. Mahaveerlal Bafna P.W. 13, Dr. Shrilal P.W. 20 and Dr. Arvind Kumar P.W. 26 at 3.15 P.M. to 5.25 P.M. on 21-10-1994 vide Ex. P/li. The cause of the death mentioned in the report was an injury on the head. Some oral haemorrage was found in brain. Death of Ghisulal was caused in the police barrack of the police station, Sojat. The F.S.L. Report of the small and big intestine, liver, kidney, spleen, heart and lungs were also procured vide Ex. P/22, which were found to be as negative so far any poison etc. was concerned. The accused had denied the allegations in the statements under Sec. 313 of Cr. P.C.

(3.) On behalf of the prosecution, P.W. 1 Tarachand, P.W. 2 Kishore Kumar, P.W. 3 Mohanlal, P.W. 4 Ladu Singh, P.W. 5 Babu Singh, P.W. 6 Trilok Singh, P.W. 7 Mahendra Singh, P.W. 8 Jai Narain, P.W. 9 Lalit Prakash, P.W. 10 Rokarchand, P.W. 11 Mahipal Singh, P.W. 12 Krishan Ram, P.W. 13 Dr. Mahaveer Lal Bafna, P.W. 14 Satya Narain, P.W. 15 Narainlal Sam, P.W. 16 Bhanwar Dan, P.W. 17 Amar Singh, P.W. 18 Krishanlal, P.W. 19 Jaiveer Singh, and other prosecution witnesses, total in number 29 were produced. After recording of the statement under Sec. 313 Cr. P.C. of the accused, the accused had produced in defence D.W. 1 Chhaganlal and D.W. 2 Chhaviraj Singh.