MAHAVEER SINGH AND OTHERS Vs. STATE OF RAJ.

JUDGEMENT

(1.) -These two appeals arise out of the judgment and order 6.7.1995 passed by the Addl. Sessions Judge, Sikar in sessions Case No. 26/1993 and Sessions case No. 11/1993, which were tried together since these matters arose of a single incident, in which the appellants herein were charge-sheeted for and which a common trial was conducted.

(2.) The prosecution case emerges out of a parcha-bayan which was recorded by the SHO, Police Station Sadar Fatehpur at Dhanuka Referral Hospital on 19.2.1993 at 3.40 p.m.. It was stated by the informant PW/1 Shishupal Singh, that at 12 noon he and his brother Mangej Singh (since deceased) were proceeding on a camel cart towards their field and when they reached near the house of Jagdish Singh (appellant in Cr. Appeal No. 609/1995) then, all the appellants herein namely Jagdish Singh, Mahaveer Singh. Bhagwan Singh (absconding and hence, has not been tried), Mahendra Singh and Balbir Singh stopped the camel cart and severely beat him and his brother. Jagdish Singh also beat them up with knife blows as a result of which Mangej Singh died and he was also injured with the knife which was inflicted by Mahaveer Singh at the right elbow under the arm. While Jagdish Singh and Vijendra Singh caught hold of him, his brother Mangej Singh was caught hold of by Mahendra Singh and Balveer Singh and Bhagwan Singh and Jagdish Singh dealt knife blows at them. Thereafter when he raised hue and cry, Rajendra Singh (PW/8), Hari Singh (PW/6) and some other neighbouring persons rushed to the place of occurrence and rescued them. He and his brother were then carried on a camel cart by Takhat Singh (PW/7) to Fatehpur Hospital and on the way, his brother Mangej Singh succumbed to the injuries while he was admitted into the hospital. The parcha-bayan further states that the case of the incident was enmity on account of differences between the accused persons and the informant party due to the expenses incurred in the rituals after the death of their aunt (father's sister).

(3.) On the basis of this parcha-bayan a first information report was registered under Sections 302, 307, 147, 148; 149, 341 and 323, IPC, after which the investigation started. The inquest report of the dead body was prepared and the post- mortem also was thereafter conducted on the body of the deceased Mangej Singh. The site-plan and the injury report of the injured informant Shishupal Singh (PW/1) were also prepared and the statements of the witnesses under Section 161, Cr.PC., were recorded. Initially, the charge-sheet was submitted only against the accused Mahaveer Singh, Balveer Singh, Vijendra Singh and Mahendra Singh since Jagdish Singh and Bhagwan Singh were absconding, but subsequently, Jagdish Singh surrendered in the court and charge-sheet was submitted against him also. However, Bhagwan Singh is still absconding and has not been tried as yet. The statements of the accused persons were also recorded under Sec. 313, Cr.PC. where they denied the prosecution version, pleaded not guilty and claimed to be tried.