DARAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal has been directed against the judgment dated 10. 9. 87 passed by the Sessions Judge, Bharatpur, convicting and sentencing the accused appellants as under: Darab Singh, Laxman Singh, Ratan Singh u/s 302 & 120 IPc Life imprisonment u/s 201 IPc - 2 years R. i Smt. Suman u/s 120-B IPc Life imprisonment

(2.) A written report (Ex. P. 9) was submitted by Gajju at Police Station Uechain, on 5. 8. 1984, stating that an unidentified dead body of "a person was lying near the railway track. On the basis of this report. , FIR No. 1/84 was registered and proceedings u/s 174 Cr. PC. were started. Lateron, the matter was referred to the Police Station Sever as the place of incident fell within the jurisdiction of that police station. Lateron, the clothes and the Chappal of the deceased were identified to be that of Ram. Khiladi, and therefore, a case u/s 302 IPC was registered vide FIR No. 102/84, The police started investigation. During the course of investigation, accused Smt. Suman was examined and her statement u/s 164 Cr. PC. was also recorded which has been marked Ex P. 29, on 7,4. 1984, wherein she stated that nearly one month ago, Darab Singh and Laxman Singh came to her house at about 12 or 1 in the night and subdued her husband while he was sleeping and asked her not to cry, or make noise, other-wise she would also be murdered. Thereafter, they took away her husband and she did not disclose it to anyone.

(3.) COMING to circumstance No. 1 with regard to illicit relations between accused Smt. Suman and Darab, and regarding the incident which had happened six months earlier in which there was some altercation between Ram Khilari deceased and Darab Singh accused. Ram Khilari had inflicted 2 or 3 blows by umbrella on the head of Darab Singh as a result of which blood also came out, and accused Smt. Suman and Darab Singh had told that Kam Khilari will also meet the same fate This circumstance, even if believed in to, as narrated by the prosecution, looses weight in view of a positive statement of Ram Behari (PW-4) brother of the deceased who has stated in his cross examination -"relations between Darab Singh and Ram Khilari were very cordial till the end", therefore, this circumstance does not help us in bringing the guilt home to the accused persons. This circumstance only shows that both Darab Singh and Ram Khilari alongwith his wife Smt. Suman, cannot be said to be very respectable persons because of the illicit relationship between the accused Darab Singh and Smt. Suman, and accused persons were trafficing in girls and they did not agree with the decision of the Panchayat. The illicit relations could not be the immediate cause of the incident because even according to the prosecution case, they are having illicit relations for the last 3-4 years and the threat given out by Darab Singh and Smt. Suman six months earlier could also not give any occasion for the alleged incident.