JUGAL KISHORE SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these six matters arise out of the judgment dated 25th of January, 1971 of the learned Sessions Judge, Jaipur city convicting the appellants Bhagwan Singh, Dharampal, Jugal Kishore, Raj Kumar Gaur, Ramchandra, Sukhdeo and Vijay Poonia of the offences punishable under section 304 Part II read with section 149, 148 and 447 IPC. Accused Raj Kumar Gaur and Ramchandra were also found guilty of offence under section 323 IPC. All the accused persons were sentenced to rigorous imprisonment for four years under section 304 Part II read with section 149 IPC two years rigorous imprisonment under section 148 IPC and two months rigorous imprisonment under section. 447 IPC Rajkumar and Ramchandra in addition to the said sentences were also awarded right months' rigorous imprisonment each under section 323 IPC. All the substantive sentences were however ordered to run concurrently. All the accused persons who were charged under section 302 IPC were acquitted of that charge. Accused Mahipal, Anil Mehta, Mohanlal Motilal Jain, Sukhvir Singh, Behari Modi, Jotram Omprakash Bishnoi Sultan Singh and Ravindra were all acquitted of the various charges levelled against them. Appeal No. 112 of 1972 is filed by the State challenging the acquittal of all the accused persons under section 302 IPC as well as against the acquittal of aforementioned ten persons who were not found guilty at all Appeal Nos. 977 of 1971 and 1001 of 1971 are filed by those who were convicted by the trial court.

(2.) BESIDES these appeals three revision petitions were also filed under section 11(3) of the Probation of Offenders Act, 1958 by the Probation Officer praying to revise the case of Sukhdev Singh, Dharampal and Vijay Poonia who in his opinion were entitled to get the benefit of the provisions of section 6 of the Probation of Offenders Act, as according to the Probation Officer all the above named three accused were entitled to get such benefit as they had not attained the age of 21 on 3.2.1970 when the incident had taken place. The Probation Officer maintains that section 6 of the 1958 Act is mandatory and, therefore, the cases of the said three accused persons viz. Sukhdev Singh Dharampal and Vijay Poonia need to be revised under section 11(3) of the Act. Since all these six cases arise out of one judgment, we propose to dispose them of by a single judgment.

(3.) THE prosecution case unfolding by the prosecution witnesses is like this. Vijay Poonia who is said to be the leader of one faction of the students was on a friendly terms with deceased Dalip Singh who is said to be the leader of another faction. These cordial relations continued till the elections of the Students Union took place. Thereafter it is said that Dalip Singh fell out and the students divided into two distinct groups. One headed by Dalip Singh and the other by Vijay Poonia. The learned Judge has taken note of certain events that took place at Ganganagar where the Kisan agitation was organised which had it own impact on the minds of the student community at Jaipur which divided the students on communal lines Vijay Poonia became the leader of the Jat group and Dalip Singh led the Rajput group The gulf between the two groups widened and the matters reached to such a climax that Dalip Singh started apprehending that he might be done to death by Vijay Poonia and his followers The apprehension was communicated by Dalip Singh to the Warden of the hostel also.