VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant, along with 13 co- accused, was put to trial before learned Additional Sessions Judge (Fast Track) No. 1 Ajmer, who vide judgment dated July 15, 2004 while acquitting co-accused persons convicted and sentenced the appellant under Section 302 IPC to suffer imprisonment for life and fine of Rs. 200/-, in default to further suffer simple imprisonment for ten days.

(2.) IT is the prosecution case that on July 2, 2000 informant Dev Bahadur (P. W. 4) submitted a written report (Ex. P/4) at Police Station Christianganj Ajmer to the effect that on the said day around 10-10. 30 a. m. while the informant along with the his brother Suresh Bahadur, Bhagwan Chand, Raju and Bhaskar were clearing the place in front of the College behind Roadways booking by removing Babool trees, for the purpose of installing a Cabin, Vijay Singh, Jai Singh, Surendra Singh, Gopal Singh (Annu), Dilip, Ram Swaroop, Praveen, Pintu, Naresh, Nikki, Banwari, Shyama, Gordhan Kumar, Chandu and two others armed with Hockeys, Lathis, Knives and Axes came over there and attacked on the informant and other members of complainant party saying that they would not allow the cabin to be installed at that place. In the meantime Vijay Singh inflicted knife blow on chest of Bhagwan Chand, Surendra Singh gave blow with axe on the abdomen of Bhagwan Chand and Gopal Singh inflicted lathi blow on the head of Suresh Bahadur. When they ran for their life the assailants chased them and Praveen, Pintu, Naresh and Nikki inflicted blows with knife on the abdomen of Bhagwan Chand. Details of injuries caused by the assailants has also been given. After the assailants fled away the injured were removed to the hospital where Bhagwan Chand was declared dead. On that report a case was registered under Sections 147, 148, 149, 452, 302, 307 and 323 IPC and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, accused were arrested and on completion of investigation charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track), Tonk. charges under Sections 323, 325, 148, 302 alternatively 302/149 IPC were framed against the accused, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 31 witnesses. In the explanation under Sec. 313 Cr. P. c. , the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) WE have pondered over the submissions advanced before us and carefully scanned the material on record.