BHARAT SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred before this Court against the impugned judgment dated 29.09.2015 passed by the learned court of Additional District and Sessions Judge, Bhawani Mandi, District Jhalawar, who thereby convicted the accused appellants for offence under Section 302 of 34 I.PC. and sentenced each of them to life imprisonment with fine of Rs. 10,000/-, in default to 5 payment of fine, they were to further undergo six months simple imprisonment. They have also been convicted for offence under Section 341 I.PC. and each of them has been sentenced to one month's simple imprisonment with a fine of Rs. 500/-, in default of payment of fine, they were to further undergo 7 days simple imprisonment. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that Sh. Bhavarlal (PW-14), the Sub-Inspector of Police Station Bhawani Mandi, District Jhalawar recorded 'Parcha Bayan' of one Rood Singh on 08.09.2009 on Bed No. 6, Ward No. 4, Primary Health Centre, Bhawani Mandi, District Jhalawar at about 6:45 PM. Rood Singh in this 'Parcha Bayan' stated that on 08.09.2009 while coming back from Bhawani Mandi with his son Peeru Singh on his motor cycle at about 2 PM, when they reached near wall of Maharaj situated between Hathuniya and Kundikheda village, two motorcycles came there from behind Bharat Singh, Dashrath Singh, Mahendra Singh and Meharban Singh were riding on these two motorcycles and they were armed with two iron rods and 'lathis'. According to Rood Singh, all these persons stopped them and pushed them from the motorcycle on the ground and started beating with intention to kill. Meharban Singh caused injury by iron rod on the head of Peeru Singh which his son saved by his hands. Rood Singh stated that remaining accused appellants Bharat Singh, Dashrath Singh, Mahendra Singh started beating Peeru Singh with 'lathis' and iron rods, due to which many injuries were caused on the hands and legs of the Peeru Singh, as a result of which he started bleeding.

(3.) On the basis of this 'Parcha Bayan' of Rood Singh, an F.I.R. No. 359 of 2009 was registered for the offence punishable under Sections 341, 323 and 307 read with Section 341 of Indian Penal Code in the police station Bhawani Mandi and investigation started. During investigation, Peeru Singh died and offence of Section 302 of Indian Penal Code was added to already registered F.I.R. During investigation, 'panchnama' of dead body prepared and after all formalities, dead body of Peeru Singh was handed over to his father Rood Singh. A blood stained pent, which was on the body of deceased Peeru Singh, was seized and relevant seizure memos were prepared by the Investigating Officer. Investigating Officer also prepared a site plan of place of occurrence. Investigating Officer seized sample of simple soil and blood stained soil from the place of incident and sized a copper ring which was recovered from the spot and memo was prepared. Investigating Officer seized damaged motorcycle having registration No. RJ 17 2M 9637 and prepared its seizure memo. Blood stained iron rod, blood stained wooden stick and blood stained wood were also recovered and sent to Forensic Science Laboratory for necessary examination. Investigating Officer arrested accused/appellants Meharban Singh, Bharat Singh, and Dashrath Singh and prepared their arrest memos. An iron rod was recovered at the instance of accused-appellant Meharban Singh. Relevant memo of recovery was prepared by the Investigating Officer. Likewise, on the information of accused-appellant Mahendra Singh, a wooden stick was recovered by the Investigating Officer and relevant memo was prepared. During investigation, Investigating Officer recovered a wooden stick and on the information of Bharat Singh and likewise on the information of accused/appellant Maherban Singh, two motor-cycles; Bajaj Boxer having registration No. RJ 17 2M 9637 and another motorcycle TVS Sport were recovered and relevant memos were prepared.