STATE Vs. PREM SINGH & ORS.

JUDGEMENT

(1.) Prem Singh and Ram Charan, two brothers being sons of Bhola Ram, along with Niranjan s/o Ram Charan were sent for trial in case arising out of FIR No.31/86 (Ex.P.5) registered at Police Station Basedi, District Dholpur. The above said FIR was investigated and local police under Section 173 Cr.P.C., 1973 filed report of investigation. The said report of investigation was committed to the Court of Sessions and was entrusted for trial to Special Judge, Dacoity Affected Area-cum-Additional Sessions Judge, Dholpur. The said court formulated charge for offence under Section 302 IPC, in alternate, under Section 302/34 IPC against all the three accused. The charge in nutshell stated that on 13.3.1986 in the evening at 5.00 PM accused in Village Songori caused lathi injuries to Dataram, as a result of which on 16.3.1986 Data Ram expired.

(2.) Prosecution in all, to prove its case, examined 17 witnesses, namely Sultan Singh (PW.1), Lakhan Singh (PW.2), Smt. Puran Dei (PW.3), Hazari (PW.4), Rameshwar (PW.5), Smt. Ramdulari (PW.6), Dulheram (PW.7), Ramswaroop (PW.8), Parmal Ji (PW.9), Churaman (PW.10), Virbal (PW.11), Ram Sahai (PW.12), Guru Prasad (PW.13), Dr. Babu Lal Baghela (PW.14), Prem Chand Sharma (PW.15), Dr. Shri Narain Swaroop Sarin (PW.16), Hanuman Singh Ji (PW.17). Thereafter statements of accused were recorded under Section 313 Cr.P.C., 1973 They denied all incriminating evidence put to them and pleaded false implication. No witness was examined in defence. The trial court vide impugned judgment dated 31.3.1989 recorded acquittal of all the three accused. Aggrieved against the same State of Rajasthan preferred an application for leave to appeal. Same was allowed and hence, instant State appeal preferred was registered.

(3.) Criminal proceedings were set into motion on the basis of written report (Ex.P.4) submitted by Lakhan Singh (PW.2) before Head Constable Hanuman Singh (PW.17) who at the relevant time was in-charge of police station Baseri, District Dholpur. Hanuman Singh (PW.17) stated that on the basis of written report (Ex.P.4) he had registered FIR (Ex.P.5) bearing No.31/86. Written report (Ex.P.4) when translated into English reads as under:-