STATE OF RAJASTHAN Vs. JAI SINGH

JUDGEMENT

(1.) In this criminal appeal, the State of Rajasthan has challenged the judgment dated 08.05.1991 passed by learned Additional Sessions Judge No. 1, Udaipur in Session Case No. 54/1986, whereby five accused respondents were acquitted from the charges levelled against them under Section 147 and 302 read with 149 of IPC.

(2.) During pendency of this appeal, respondents No. 2 to 5 viz. Lal Singh, Prem Singh, Deep Singh and Bhanwar Singh died, therefore, the appeal qua them was dismissed as abated vide order dated 10.11.2017. Now the instant appeal survive only against respondent No. 1-Jai Singh.

(3.) As per facts of the case on 08.03.1985 at about 11.30 PM complainant-Dulhe Singh, gave oral information to the S.H.O. of Police Station-Mavli, to the effect that his son, namely, Parvat Singh went upon his Well at 7'O Clock in the morning for looking after the Well. At that time, he was at his residence. It was further stated that upon the Well, he and accused Deep Singh are having joint right. Said Deep Singh informed him that your son fell down in the Well and thereafter I immediately went on the Well and made inspection in the Well but nothing was found in the Well. Upon the aforesaid information given by Dulhe Singh, the S.H.O. Police Station Mavli proceeded to enquire into the matter under Section 174 Cr.P.C. and after registering the information, sent Nasir Mohd. Sub-Inspector for taking action upon information given by complainant, Dulhe Singh. The Sub-Inspector reached on the Well and dead body of deceased-Part Singh was taken out from the Well and 'Panchnama' of the dead body was made in the presence of five persons, namely, Devilal, Nanalal, Shankerlal, Devilal and Bhabhut Singh. Thereafter the dead body of the deceased was sent for postmortem at Govt. Hospital, Mavli where the dead body of the deceased was subjected to postmortem by the medical officer. After conducting postmortem, the medical officer prepared postmortem report (Ex.P/17) and opined that deceased Parvat Singh due to asphyxia as a result of dawning. The postmortem report (Ex.P/17) was given to the investigating officer for further investigating.