RAM SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment dated 23.7.87 passed by the Additional Sessions Judge No. 1 Bharatpur, convicting and sentencing the appellants as under : <FRM>JUDGEMENT_107_LAWS(RAJ)8_19881.html</FRM>

(2.) On 7.12.1984, a wireless message was received at Police Station Kumher at about 6 p.m., from R.A.C. Post, Gunsara, to the effect that one person had died in Village Ajan, whereupon the Station House Officer Durga Prasad (PW-20) left for the place of incident and reached there at about 8 p. m. and recorded Ex. P. 1 statement of Mohan Lal (PW-1) wherein he stated that in the morning, Darbi and Ram Singh, who are brothers, wanted some bricks for making construction and when he was making construction, Nahar Singh and Manso objected and asked them not to do so as the land was theirs. Thereupon Darbi told that let us distribute and there was some altercation at that time. Later, in the evening at about 4-4.30 p.m. when he was sitting near his Nohara, where Darbi and Sedu were enjoying fire, near the bricks, his son Bacchu came who was followed by accused appellant Ram Singh, Mohar Singh and, Nahar s/o Manea, Deevan, Gopal, Saraswati wife of Ram Singh, who were armed with weapons. Ram Singh had a Ballam in his hand, whereas Mohar Singh and Nahar Singh had Farsa while others had lathies. Mst. Sarbati had a Khurpa in her hand. His son Ram Singh bogged excuse with folded handa but accused Ram Singh inflicted a blom by Ballam on his stomach. Bacchu fell down. Nahar Singh inflicted a Farsa blow in the stomach of Darbi as a result his intestines came out. Badu Ram was also inflicted injury by a Farsa, by Mohar Singh. Other accused also gave beating. His two other sons Bane Singh and Balveer Singh had witnessed the incident.

(3.) On the basis of Ex. P. 1, regular FIR (Ex. P. 15) was registered at 10.15 p. m. Challan was filed against seven accused persons and the case was committed to the Court of Sessions. During trial, Nahar Singh, one of the accused persons and brother of the accused-appellants, was absconding. The case was tried against six persons out of which three were acquitted and one Gopal was convicted u/s 323 Penal Code and as released on probation while the present appellants were convicted, as aforesaid. Accused Ram Singh was arrested on 30-1-1985, vide Ex. P. 28. He is alleged to have given information (Ex.P. 30) on 3-2-85 as a result whereof, a Ballam had been recovered, vide Ex.P.9. Mohar Singh also gave information vide Ex.P.31 on 3-2-85 and a Farsa was recovered, vide Ex. P. 10. Both these articles were sent to the Chemical Examiner and Ex. P. 43 and Ex. P. 44 are the reports which show that both of the had human blood but blood grouping was not possible.