BHARTI SINGH Vs. STATE RAJASTHAN

JUDGEMENT

(1.) THESE two separate appeals have been preferred, one D. B. Criminal Appeal No. 826/04 by appellants bharti Singh and Angrej Singh both sons of jagmal Singh and another D. B. Criminal appeal No. 898/04 by Mahaveer Prasad son of Narayan Ram, as all the three appellants have been convicted by the Court of Addl. Sessions Judge (Fast Tract) No. 2, Bikaner in Sessions Case No. 97/2003 under section 302/34 and under Section 450, I. P. C. They have been sentenced to life imprisonment under Section 302/34, I. P. C. and awarded fine of Rs. 1,000/- each and under section 450, I. P. C. , they have been sentenced to undergo five years' rigorous imprisonment with fine of Rs. 700/- each and in case of default of payment of fine, the accused-appellants have been sentenced to further undergo four months' and one month's imprisonment respectively.

(2.) AS per the prosecution case, on 25-6-2002 at 6. 52 p. m. , S. H. O. , Sadar Police station, Bikaner received a telephonic message from Constable Sardar Singh who was posted in PBM Hospital Police Chowki that one Jethu Singh has been brought in the hospital in dead condition. On this information, said SHO Rajendra Singh (PW-12)proceeded to said PBM Hospital and obtained requisition from Sardar Singh, constable of PBM Hospital Police Chowki, bikaner and found that the body has been placed in mortuary. After taking information of the place of the incident etc. , the SHO rejendra Singh proceeded to the house of deceased Jethu Singh who was residing as tenant in the house of one Jetha Ram. There on the spot, in the house of Jethu Singh, his wife Smt. Tamanna Singh gave a written report to SHO Rajendra Singh (Ex. P. 41 ). In the written report submitted by complainant Smt. Tamanna Singh, wife of the victim it is stated that the complainant married with the victim Jethu Singh about four months ago and since then she is residing with him in the house of victim Jethu Singh which was taken on rent by Jethu Singh. His husband had dispute with accused angrej Singh because of the reason that accused Angrej Singh used to tease the complainant. Because of said reason, the complainant's husband Jethu Singh gave beating to accused Angrej Singh. Because of that enmity, on 25-6-2000 at 5. 20 p. m. accused Angrej Singh with sword. Bharti singh with Gupti, Mahaveer Prasad with iron rod and one Satyendra with pistol forcibly entered in the residential room of the victim and of the complainant. At that time, complainant's husband Jethu Singh, complainant herself and Anand Mehra, Amin, rajesh and Amit were sitting on the mat in the room. All the accused immediately started beating complainant's husband jethu Singh, upon which the complainant shouted for help. Satyendra dragged the complainant's husband from the room and took him to the lane where all the accused gave more beatings to the complainant's husband. It is also alleged that along with above accused, there were 5-7 persons more who remained standing out side and they were not known to the complainant. Anand mehra and others took Jethu Singh to the hospital where he died. On the basis of said written report, a case under Sections 302, 452, 147, 148 and 149, I. P. C. was registered and the report was sent to the Police station for drawing FIR. On the basis of said written report, FIR (Ex. P. 31) was registered and investigation started.

(3.) DURING investigation, memo for the body of the deceased Jethu Singh and panchnama were prepared. The body was sent for post mortem and postmortem report was obtained. The victim Jethu Singh's blood stained pant was also seized and seizure memo was prepared and the articles were put in sealed cover. The site map and the report were prepared. Photos were taken. The blood from the floor of the room where the incident occurred, was taken by scrapping and was put in a glass bottle and was sealed and seizure memo was prepared. From the lane near the house of the victim, where also it is alleged that the victim was given severe beatings, the blood soil was seized and sealed. From the room one blood stained mat was also seized and was put in sealed cover. All the articles were duly deposited in the Malkhana and were sent to the FSL. The accused Kalu Singh, Punam singh, Soman, Barkat Ali, Angrej Singh, bharti Singh and Mahaveer Prasad were arrested and their arrest memos were prepared. Accused Kalu Singh, Barkat Ali and soman gave information under Section 27 of the Evidence Act and on the basis of which one bamboo from each of above accused was recovered. From accused Angrej Singh, a sword and from accused Bharti Singh, gupti were recovered and recovery memos were duly drawn. It is alleged that one Jugal Singh also suffered injuries in this incident who was also medically examined, After collecting above articles and recording evidence of the witnesses under Section 161, Cr. P. C. , challan was filed against seven accused.