PRAHLAD SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) OUT of twenty nine persons arraigned before learned Special Judge, SC/st (PA) Jhalawar for the murder of Manohar Singh, Nagu Singh, Inder Singh and Bapu Singh, twenty four were convicted and sentenced vide judgment dated February 13, 2004. However Kesar Singh and Ram Singh sons of Onkar Singh did not prefer any appeal and only twenty two appellants have preferred instant appeals. The conviction and sentence awarded to appellants are as under:- Prahlad Singh s/o Ram Pratap, Kalu Lal s/o Sriram, Babu Lal s/o Fateh Lal, Tanwar Singh s/o Man Singh, Prithvi Singh s/o Ram Lal, Inder Singh s/o Bhawani Lal, Man Singh s/o Umrao Singh, Bhagwan Singh s/o Prabhu Lal, Jagdish s/o Ram Lal, Man Singh s/o Salag Ram, Amar Singh s/o Purilal, Balchand s/o Ram Prasad, Bapu Lal s/o Ramlal, Suresh Kumar s/o Sriram, Prahlad Singh s/o Man Singh, Kanhi Ram s/o Prabhu Lal, Nand Ram s/o Salagram, Ram Prasad s/o Behru Lal, Shri Ram s/o Jetram, Ram Prasad s/o Jet Ram, Prahlad Singh s/o Nathu Lal and Bahadur Singh s/o Man Singh: u/s. 147 and 148 IPC: Each to suffer simple imprisonment for one year and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. Kalu Lal s/o Sri Ram: u/s. 302 and 302/149 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. Prahlad s/o Ram Pratap, Babu lal s/o Fateh Lal, Tanwar Singh s/o Man Singh, Prithvi Singh s/o Ram Lal, Inder Singh s/o Bhawani Lal, Man Singh s/o Umrao Singh, Bhagwan Singh s/o Prabhu Lal, Jagdish s/o Ramlal, Man Singh s/o Salag Ram, Amar Singh s/o Purilal, Balchand s/o Ram Prasad, Babu Lal s/o Ramlal, Suresh Kumar s/o Sriram, Prahlad Singh s/o Man Singh, Kanhi Ram s/o Prabhu Lal, Nand Ram s/o Salag Ram, Ram Prasad s/o Behru Lal, Shri Ram s/o Jetram, Ram Prasad s/o Jet Ram, Prahlad Singh s/o Nathu Lal and Bahadur Singh s/o Man Singh: u/s. 302/149 IPC: Each to suffer imprisonment for life and fine of Rs. 1000/- , in default to further suffer simple imprisonment for three months. Prahlad s/o Ram Pratap, Kalu Lal s/o Sriram, Babu Lal s/o Fatehlal, Tanwar Singh s/o Man Singh, Prithvi Singh s/o Ramlal, Inder Singh s/o Bhawani Lal, Man Singh s/o Umrao Singh, Bhagwan Singh s/o Prabhu Lal, Jagdish s/o Ramlal, Man Singh s/o Salag Ram, Amar Singh s/o Purilal, Balchand s/o Ram Prasad, Babu Lal s/o Ramlal, Suresh Kumar s/o Sriram, Prahlad Singh s/o Man Singh, Kanhi Ram s/o Prabulal, Nand Ram s/o Salagram, Ram Prasad s/o Behru Lal, Shri Ram s/o Jetram, Ram Prasad s/o Jet Ram, Prahlad Singh s/o Nathu Lal and Bahadur Singh s/o Man Singh : u/s. 307/149 IPC: Each to suffer rigorous imprisonment for seven years and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. Kalu Lal s/o Sriram, Prahlad s/o Ram Pratap and Babu Lal s/o Fatehlal: u/s. 27 Arms Act: Each to suffer simple imprisonment for three years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. Sentences were ordered to run concurrently. BRIEF FACTs

(2.) THE prosecution case is woven like thus:- On September 10, 2001 at 9. 30 PM Shiv Raj Singh (PW. 5) SHO Police Station Sunel recorded Parcha Bayan (Ex. P. 17) of Amar Singh (PW. 15) who stated that around 6. 45 PM while he was at his house, he heard hue and cry of his cousin, Indra Singh from the field known as `patwari-ka-khet'. He came out of the house and saw that Man Singh, Bahadur Singh, Tanwar Singh, Kalu Lal, Dhakad, Sri Ram Dhakad, Suresh Dhakad, Ram Prasad Dhakad, Bal Chand, Shadi Lal Dhakad, Amar Singh, Bhawani Lal Dhakad, Nanda, Ratti Ram Dhakad, Prahlad, s/o Pratap Dhakad, Jagdish Dhakad, Prahlad s/o Man Singh Dhakad, Indra Singh, Prithvi Singh, Kanhi Ram Dhakad, Bhagwan Dhakad, Prahlad s/o Nathu Dhakad, Ram Prasad, Kesar Singh, Ram Singh, Bala Ram Dhakad, Babu Lal, Nand Ram and Man Singh who were armed with sword, guns, Kattas (country made gun), lathis and Gandasis caused injuries to Inder Singh and killed him. THE assailants chased informant Amar Singh and inflicted sword blow on his right hand. When informant's father Bapu Singh made attempt to intervene, Man Singh opened fire at him as a result of which Bapu Singh died. Manohar Singh and Nagu Singh were also killed by them. On that parcha bayan case under sections 147, 148, 149, 302, 302, 324 and 323 IPC was registered and investigation commenced. Autopsy on the dead bodies was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested. On completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Special Judge SC/st (PA) Jhalawar, Charges under sections 102b, 147, 148, 302/149, 307/149 IPC, 3/25 and 5/27 Arms Act were framed against the accused, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 24 witnesses. In the explanation under Sec. 313 Crpc, the accused claimed innocence. Four witnesses were examined in support of defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.

(3.) DECEASED Bapu Singh vide Postmortem Report (Ex. P. 93) received following antemortem injuries:- 1. Gunshot injury 1-1/2" diameter circular with blackening in 2" are going from down to upward upto base of the skull. Rt. pallets costal from the wound as well recovered as from brain material both of the skull, plastic circular cover of bullet is also recovered. 2. Incised wound 3" x 1/2" B deep occipital region. 3. Incised wound 3" x 1/2" Bone deep top of scalp 4. Incised wound 3" x 1/2" x B deep back on VC Trans. of liver. 5. Incised wound 2" x 1/4" bone deep left leg up 1/3 6. Lacerated wound 2" x 1/2 bone deep Dorsum of hand base of Mid & Rt. 7. Lacerated wound 1" x 1/2" x SK deep Rt. leg L 1/3 skin tibia According to autopsy Surgeon Dr. Anil Kaushik (PW. 2) the cause of death was coma as a result of gunshot injury to brain.