KAPTAN SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants Kaptan Singh, Shiv Singh and Bijendra have preferred this appeal against the impugned judgment and order dated March 24,1995 of the learned Additional Sessions Judge, Bayana in Sessions Case No. 82 of 1993, whereby the appellant were convicted as under: <FRM>JUDGEMENT_37_LAWS(RAJ)10_1998_1.html</FRM> All the sentences were ordered to run concurrently.

(2.) Brief re'sume' of the facts is that on June 30, 1993 one Gopichand son of Deep Chand inhabitant of Nagladevia instituted FIR with the Police Station Roopwas District Bharatpur stating therein that at about 4.00 p.m earlier in the day his sister-in-law Vimla had gone to the Hand Pump situated in the Colony where they live for collecting water. There she left one 'Lotta' and to bring it she again went back to the Hand Pump, where Kaptan Singh, Shiv Singh, Devendra, Babu, Om Prakash, Bijjo, Sheela wife of Bijendra Singh. Javitri were present and on Vimla enquiring the whereabout of Lotta' Shiv Singh and Bijendra threw her on the ground and beat her Darkash, Darap Singh. Deep Chand, Batasia, Mohan, Shankar and others intervened to save her. they were also attacked and beaten by the accused appellants and others persons with lathies and farsas. They all fainted at the place of the incident and they alleged to have taken the silver Kaundhani (belt) of Vimla and wrist watches of Prakash and Darap Singh. The police registered FIR No. 174/1993 under sections 147, 323, 379 Penal Code and investigation commenced. Site plan was drawn, statements of the witnesses under section 161 Cr.PC. were recorded and injuries of the injured were medically examined. Maharani was admitted to the Hospital owing to the injuries sustained by her in the incident but died on July 2, 1993, consequently the offences registered by the police were altered under sections 147, 148, 149, 302, 325, 323 and 379 IPC. 'Lotta' said to be the cause of entire incident was recovered at the instance of accused appellant Kaptan Singh on the basis of information given by him under section 27 of the Evidence Act. Charge sheet was filed and the case was committed to the learned Sessions Judge Bharatpur wherefrom it was transferred to the Court of Addl. Sessions Judge Bayana. Charges under sections 302, 325 and 320 Penal Code were framed against the accused appellants and other co-accused, who denied the charge and claimed trial. The prosecution examined as many as 19 witnesses in support of its case. Statements of the accused persons under section 313 Cr.PC. were recorded. The accused did not produce any evidence in defence. The learned trial court after hearing the arguments acquitted the co-accused Babu Singh, Prahlad, Omprakash, Sheela, Vijjo and Javitri and convicted the accused appellants as indicated here in above.

(3.) The Division Bench of this court released the accused appellant Bijendra on interim bail but he absconded and standing warrants have been issued against him by this court and proceedings under section 446 Cr.RC. have also been initiated. Accused appellants Kaptan Singh and Shiv Singh are in Jail. Keeping in view the law laid down in Bani Singh and others Vs. State of UP (AIR 1996 SC 2439) , this court listed the instant appeal for hearing on merits.