JUGAL KISHORE SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these six matters arise out of the judgment dated 25th of January, 1971 of the learned Sessions Judge, Jaipur city convicting the appellants Bhaghwan Singh, Dharampal, Jugal kishore, Raj Kumar Gaur, Ramchandra, Sukhdeo and Vijay Poonia of the offences punishable under section 304 Part II read with section 148, 149, and 447 I. P. C. Accused Rajkumar Gaur and Ram chandra were also found guilty of offence under section 523 I. P. C. ALL the accused persons were sentenced to rigorious imprisonment for four years under section 304 Part II read with section 149 I. P. G. , two years rigorious imprison-ment under section 148 I. P. C. and two months rigorious imprisonment under section 447 I. P. G. Rajkumar and Ramchandra in addition to the said senten-ces were also awarded eight months' rigorious imprisonment each under section 323 I. P. G. ALL the substantive sentences were however ordered to run concu-rrently. ALL the accused persons who were charged under section 302 I. P. G. were acquitted of that charge.

(2.) ACCUSED Manipal, Anil Mehta, Mohanlal, Motilal Jain, Sukhvir Singh, Behari Modi, Jotram, Omprakash Bishnoi Sultan Singh and Ravindra were all acquitted of the various charges levelled against them. Appeal No. 112 of 1972 is filed by the State challenging the acquittal of fall the accused persons under section 302 I. P. C. as well as against the acquittal of aforomentioned ten persons who were not found guilty at all. Appeals Nos. 977 of 1971 and 1001 of 1971 are filed by those who were convicted by the trial court.

(3.) ON 3rd of February, 1970, it is alleged that some students belonging to the group of Vijay Poonia riding on motor cycles, scooters and car came in search of Dalip Singh. They first went to a place known as Non Resident Student Centre hereinafter to be referred to as 'n. R. S. C' in she University Campus When they did not find Dalip Singh there they proceeded to the Canteen in Rajasthan College Campus. When Dalip Singh was not treaceable there also, the group proceeded to the Vivekanand Hostel where Dalip Singh used to resid According to the prosecution case accused Jugal Kishore on the lawns of the Vivkanand Hostel distributed lathis and iron rods taken by them in the car which was brought by Mahipal Maderna. There the members of the assembly raised certain slogans which clearly indicated that they had come to that place to take reverge against Dalip Singh Dalip Singh at that time was in his room No 42 situtate on the first floor of the hostel. The group of students then went upstairs and when they foundthat the door of Dalip Singh's room was closed, they tried to open it by giving pushes to it The prosecution story further goes to reveal that when the door could not be opened by force, some body from amongst the crowed suggested that the party had come for negotiating a compromise and it is said that thereafter the door of the room was opened from inside. Eleven students entered the room Dalip Singh, P. W. 4 Narendra Singh and P. W 6 Arjun Singh were inside the room. It is said that after giving beat* ing to P. W 4 and P. W 6 they were pushed out of the room and then the assailant party belaboured D dip Singh mercilessly while he was lying on the cot. After giving a good deal of threshing to Dalip Singh by the lathis and iron rods the students came out of the room and then went away from the place of occurrence. Dalip Singh was immediately brought down by the inmates of the hostel and placed over a cot on the ground flower of the hostel. Immediate information was sent to the warden of the hostel who rushed to the place of occurence. Having seen the serious condition of Dalip Singh the warden managed to shift all the injured viz Arjun Singh, Narendra Singh and Dalip Singh to the hospital. Dalip Singh was shifted in an unconscious state and he remained so in the hospital till February 14, 1970 when he breathed his last. A team of medical experts was summoned by the State Government from Delhi to examine Dalip Singh and to make the best medical treat-ment available to him but unfortunately these efforts could not bear any fruit and even the best medical aid could not succeed to save Dalip Singh.