RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by Ram Singh and Madan Singh against their conviction made and sentence passed by the Sessions Judge, Merta by his judgment dated September 8, 1982 whereby, Ram Singh appellant was convicted under section 302 I. P. C. and sentenced to imprisonment for life and Madan Singh appellant was convicted under sections 326 read with section 34, 323 I. P. C. and sentenced respectively to undergo rigorous imprisonmerit for seven years with fine amounting to Rs. 500/-, rigorous imprisonment for three months with fine amounting to Rs. 100/- and rigorous imprisonment for one month with fine amounting to Rs. 100/ -.

(2.) A report Ex. P. 8 was not lodged by Daulat Singh (P. W. 7) at Police Station, Pudu Kalan District Nagaur on July 11, 1981 at 2. 30 P. M. through Ganpat Singh (P. W. 9) which led Gugan Ram, Station House Officer, of the said Police Station to reach to the place of incident in village Mandal Jodha. This report was written and signed by Daulat Singh (P. W. 7) at village Mandal Jodha and was sent by him to Ganpat Singh (P. W. 9 at Merta through Bhanwar Singh (P. W. 4) with instructions that Ganpat Singh may present it at the Police Station. This report Ex. P. 8 simply mentioned that the dead body of Jatan Singh of village Mandal Jodha was lying on a thorough-fare in front of the primary school. It was requested to the Station House Officer to take care of the dead body immediately after coming on the spot because it was not proper to let a dead body remain lying for a considerable time as the same was lying in the middle of a public thorough-fare.

(3.) KARAN Singh (P. W. 1) is the son of deceased Jatan Singh and he is the spokesman of the prosecution case. According to him, his father Jatan Singh along with himself, his grand mother Kunj Kanwar (P. W 11) and his father's Cousin sister Marudhar Kanwar (P. W. 6) had reached the Bus Stand of village Mandal Jodha on July 11, 1981 at about 7. 00 A. M. Jatan Singh had two bags containing his goods in his hands. Chhitar Singh (P. W. 14) was employed as Corporal at Air Force Station Agra. He had some agricultural land in village Mandal Jodha. In respect of that agricultural land some litigations were going on between Chittar Singh (P. W. 14) and the appellants and Neer Singh in the court of Sub-Divisional Officer Merta. As Chhitar Singh was employed in Air Force and was posted out side his village, he was not in a position to himself look-after the litigations. He had, therefore, constituted Jatan Singh deceased, as his Attorney to look after the litigations on his behalf under the Power of Attorney Ex. P. 20 While Madan Singh appellant was employed at Jaipur, Neer Singh was employed in Haryana. A few days before the incident, mother of Chhitar Singh (P. W. 14) had expired and her Mrityu Bhoj was to be performed on July 9, 1981. Chittar Singh had called Madan Singh and Neer Singh by telegram to attend the Bhoj of her deceased mother and For this purpose they had respectively come from Jaipur and Haryana. The appellants and Neer Singh had participated in the Bhoj. According to KARAN Singh, when he along with his father, grand-mother and father's Cousin sister had reached the Bus Stand, the appellants also came over there and they asked Jatan Singh as to why he had obtained a Power of Attorney from Chhitar Singh. In reply Jatan Singh told that Chhitar Singh had. out of his own sweet will, constituted him as Attorney and if Chhitarsingh wished to take back the Power of Attorney Ex. P. 20, he had no objection to it and he can take it back after accompanying with him to Merta. Madan Singh thereupon hurled valger abuses and exhorted Ram Singh appellant to kill Jatan Singh. Madan Singh gave a lathi blow on Jatan Singh but the latter saved himself, Thereafter Ram Singh appellant gave a stab by the dagger on the back of Jatan Singh. Madan Singh then wielded a lathi blow on the head of Jatan Singh. Ram Singh appellant gave two more stab wounds with the dagger in his hand on the body of Jatan Singh. Neer Singh was also present there and he was throwing stones towards Jatan Singh. Kunj Kanwar and Marudhar Kanwar intervened to rescue Jatan Singh and they also sustained some injuries. Jatan Singh fell down and died on the spot. According to KARAN Singh, Bhanwar Singh (P. W. 4), Chhitar Singh (P. W. 14) and Kesa Rat Jat were also present when this incident took place. Daulat Singh (P. W. 7) also arrived at the spot. Daulat Singh sent KARAN Singh, his grand mother and his father cousin sister to their home in the village. Gugan Ram S. H. O. arrived at village Mandal Jodha and then KARAN Singh was also called and site plan and inquest report were prepared The two bags of Jatan Singh were also seized by the Police. According to KARAN Singh the appellants were annoyed with Jatan Singh deceased because he used used to look after the litigations of Chhitar Singh against the appellant as holder of Power of Attorney from Chhitar Singh. Although Jatan Singh had also been invited by Chhitar Singh to attend the Mrityu Bhoj of his mother but Jatan Singh and his family members did not attend the Mrityu Bhoj because on than date the appellants and Neer Singh had come in front of the house of Jatan Singh and had abused him and had told that if he attended the Mritayu Bhoj they will kill him.