GOBIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal appellants Gobind Singh and Hanuman have challenged their conviction and sentence recorded under various Sections of the Indian Penal Code by the learned Sessions Judge, Raisinghnagar as per the following description : @@1825.htm@@

(2.) The case relates to the occurrence which took place at about 10-30 p.m. on 27-3-80 at the house of Baldeo Singh in Ward No. 12 of Raisinghnagar. The prosecution case is that Baldeo Singh and his family members including Jaswant Singh alias Billoo were having rest in their house when some persons called Billoo from outside and they started hitting the shutters. Some 8 persons entered the house and they caught hold of Billoo and they gave beatings to him. Even knife injury was caused to him. When Baldeo Singh and his father tried to intervene, they were also beaten. Because of the injuries sustained in the occurrence Billoo died at the spot. The FIR was lodged at about 11-30 p.m. on the same night. The police registered a case. After the completion of usual investigation, the police submitted a challan against 8 persons including the present appellants.

(3.) The prosecution examined P.W. 1 Baldeo Singh, P.W. 2 Vachan Singh, P.W. 3 Sant Kaur, P.W. 4 Laxmi, P.W. 5 Kapoor Singh, P.W. 6 Charandas, P.W. 7 Avinash Kumar, P.W. 8 Rajkumar Batra, P.W. 9 Amolakram, P.W. 10 Amritlal, P.W. 11 Hetram, P.W. 12 Chimanlal, P.W. 13 Thakar Singh, P.W. 14 Bantsingh, P.W. 15 Nazir Ahmed, P.W. 16 Prem Singh, P.W. 17 Dr. Gangaram, P.W. 18 Kanhaiyalal and P.W. 19 Devendra Singh. Accused in their statements denied the correctness of the statements of prosecution witnesses. The learned Sessions Judge found that Billoo had met homicidal death. He further found that the involvement of 6 persons named in the FIR was not proved on record. He found that only Gobind Singh and Hanuman had taken part in the occurrence and they had knife and chain with them and knife injury was caused by Gobind Singh which resulted in the death of Billoo. Considering that Gobind Singh and Hanuman had common intention, the learned Sessions Judge convicted Hanuman with the aid of S. 34 of IPC. Both the appellants have challenged their conviction and sentence.