PRITHVI SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the four appellants, herein, were put on trial before the Sessions Judge, Jaipur District, Jaipur in Sessions Case No. 8/87 for causing murder of Himmat Singh and simple injuries to PW 8-Roop Singh. The trial ended with conviction of the appellant Narpat Singh under Sec. 302 Indian Penal Code and rest of the appellants under Sec. 302 read with Sec. 34 Indian Penal Code. They also found guilty for causing simple injuries to Roop Singh, but on the basis of compromise, they were acquitted of the charge of causing simple injuries to Roop Singh. Under Sec. 302 or 302/34 Indian Penal Code they were sentenced to undergo imprisonment for life and to pay a fine of Rs. 100.00. In default of payment of fine to under go further imprisonment for a period of two months.

(2.) The prosecution case has been extensively set out in impugned judgment of the trial Court and it reveals that house of the deceased Himmat Singh and appellants adjoin each other in village Dhanakiya. In front of their house, there is a Chabutra. As per prosecution case, at around 6 p.m. on Oct. 11, 1986, deceased Himmat Singh was sitting on Chabutra in front of his house and the appellants came there with weapons from their house. They were shouting "Maro-Maro". Appellant, Narpat Singh was having a 'Khukri' (Chhuri) while others were having lathis. Himmat Singh was dragged down from Chabutra by them. With regard to actual incident, the prosecution case is that appellant Prem Singh caught legs of the deceased, while Sultan Singh caught his Collar and Prithvi Singh gave a lathi blow on his elbow. Thereafter, the appellant Narpat Singh inflicted blows with 'Khukri'. The story further goes that PW 8-Roop Singh reached on the spot in the mean-time on a Scooter and he too was assaulted by them. After assaulting the appellants wanted to run away on a Tractor but the villagers stopped them. Thereupon, they got down from the Tractor and after entering in their house closed it from inside. The motive of the crime is stated that ill feeling had developed between the parties in election of members of the Co-operative Society which had taken place on 4th October. In that election, the appellant Prithvi Singh was a candidate, but the deceased Himmat Singh and Roop Singh had canvassed for Rewat Singh. Prithvi Singh was defeated in that election. He had warned Himmat Singh when he was canvassing for Rewat Singh.

(3.) A written report of the incident (Ex.R 12) was made by Roop Singh (PW 8) at Police Station, Bagru, immediately after the incident at 7.30 p.m. On this report crime No. 186/96 was registered under Sec. 307/34 Indian Penal Code. After registration of the crime, investigation commenced. During investigation, the Police prepared Site-Plan (Ex.R 1); seized two pieces of broken Jelly from the place of incident vide memo (Ex.R 3) Blood smeared soil and control soil were seized vide Ex.R 4 and Ex.R 5. A pair of 'Chappal' was also seized from the place of incident vide Ex.R 9. Clothes of the injured Roop Singh were seized vide Ex.P. 8 and clothes of Smt. Janak Kanwar wife of the deceased were seized vide Ex.P 10.