JAGIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order of conviction and sentence passed on March 31, 1995 by the Additional Sessions Judge, Bikaner in Sessions Case No. 12/92.

(2.) The incident giving rise to the present appeal occurred in the night intervening 2nd and 3rd December, 1988 when the body of constable Sardar Singh was recovered from the train between the stations of Suratgarh and Gajsinghpur. The constable was declared dead and, therefore, prosecution under Section 302 read with Section 120B, 353 read with Sections 120B and 224 read with Section 120B was commenced against the accused persons Jagir Singh and Satish Kumar alias Mangal Dutt who is absconding. After declaring Mangal Dutt absconding the trial proceeded against Jagir Singh wherein 26 witnesses were examined by the prosecution along with certain documentary evidence to prove its case that Jagir Singh was guilty of murder. It is the case of the prosecution that the accused persons Jagir Singh and Mangal Dutt were being carried by the police constable for attending their case at different courts at Anupgarh, Raisinghnagar, Suratgarh, Padampur etc. Constable Sardar Singh was accompanying accused Jagir Singh and Mangal Dutt who were entrusted to his custody. It is the case of the prosecution that while they were so travelling towards Karanpur that the accused persons conspired and killed Sardar Singh to make good their escape from the custody. The learned Additional Sessions Judge believing the evidence of the prosecution recorded the judgment of conviction as aforesaid and sentenced the accused Jagir Singh to imprisonment for life as aforesaid. It is this judgment of conviction which is assailed in this appeal by Shri M. K. Garg learned counsel appearing as Amicus Curiae for the accused. The learned counsel assailed the judgment of the trial court on several grounds. According to him the entire case is liable to be disbelieved for the reason that it is fake and fabricated. According to the learned counsel it is not possible that only three persons were travelling in the compartment of a passenger train. No other passenger is travelling nor there is any evidence of independent and individual nature. There is, therefore, no case which can be said to have been proved beyond reasonable doubt by the prosecution. In effect it is a case of total denial by the accused and circumstantial evidence as led by the prosecution is not sufficient to prove beyond reasonable doubt the guilt of the accused and consequently the accused appellant deserves to be acquitted. Opposing the appeal it was submitted by the learned Public Prosecutor that the evidence of the police constables who had seen the accused and deceased boarding together the train and other circumstantial evidence is clinching. There is nothing missing and there is, therefore, no reason to doubt the finding by the learned Judge that the accused was guilty of the offence. We will examine these contentions and re-appreciate the evidence on record.

(3.) P.W. 1 Vijendra Kumar is the police constable who speaks of seeing the accused and the deceased together while they were travelling on a train to Karanpur. The witness saw them in the compartment and on the station. He has deposed that he left deceased Sardar Singh along with accused Mangal Dutt and Jagir Singh at Suratgarh court. There is nothing in the cross examination of this witness which will require his being disbelieved. The fact that the accused accompanied the police constable Sardar Singh to the Court at Suratgarh thus stands proved.