ROSHAN LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Roshan Lal was tried alongwith two others in the Court of the Sessions Judge, Udaipur for an offence of murder on the allegation that he along with two others with a common intention murdered one Lal Singh, Constable on Juno 7, 1975 at about 9.00 p. m., in front of the country liquor shop, near Mavli Station in district Udaipur.

(2.) The prosecution case was that Roshan Lal alongwith two other accused had gone to country liquor shop of Ratan Lal (P. W. 11) that evening and there they took the liquor. After sometime they sat outside the shop and continued to rake liquor. At about 9.00 p. m., Lal Singh (deceased) and his brother Ratan Singh (P. W.l) came there and asked these three persons, who were sitting outside the liquor shop, about the Bus going to Sadri, on which they appeared to have said that they do not know and that they were not their father's servant to give any information. There upon one of the persons asked Lal Singh (deceased) to have a smoke with them. He joined them. These three persons offered drinks to Lal Singh and his brother but they refused, it is said that one of the persons told that it was better to give drink to dogs rather than to a police constable. There upon a quarrel arose between all these and during the course of the quarrel it is said that two of the accused caught Lal Singh and the present accused Roshan Lal inflicted blows with Danda which he took from Bamboo fence, as a result of this Lal Singh fell down with a bleeding injury on the head. He was then taken to the hospital, where he died on 9th June, 1975 at about 12.15 p. m.

(3.) In the meanwhile the brother of Lal Singh, Ratan Singh (P. W. 1) lodged the First Information Report (Ex. P. 1) at Mavli Police Station at 3.30 p. m. on the basis of which the case was registered.