GIRDHARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this instant appeal filed under Section 374 of the Code of Criminal Procedure, the accused-appellants Girdhari Singh and Onkar Singh have challenged their conviction and sentenced recorded under Section 302 IPC by the learned Additional Sessions Judge, Rajsamand vide his judgment dated 11.10.1985, whereby they have been convicted under Section 302 IPC and sentenced to undergo imprisonment for life along with a fine of Rs. 1000/- and in default, to further undergo three months' S.1.

(2.) Facts leading to this appeal are that on 28.5.84, one Dhanna s/o Uda Bheel resident of village Bherudasji-ka-Kheda made an oral report before Sangram Singh, ASI, Police Station, Amet that when he was grazing the cattle in the field of Nathu Bheel, he saw certain sky birds like crows and eagles were falling on the land. When he went there, he noticed a dead body of unknown person. Upon this report, the police registered a case and conducted enquiry u/Sec. 174 Cr.P.C. The police reached on the spot, prepared the site plan, recovered the dead body and arranged autopsy. The dead body was shown to Arjunlal, Shambhu Singh and Gordhan Singh but they did not identify. Thereafter, Madan Singh and Bhanwar Singh came there and identified the dead body as that of Girdhari Singh, who was father of Madan Singh. The dead body was handed over to another son of Girdhari Singh viz., Narpat Singh. The Police recovered the clothes, bottles, blood stained soil and one stick. During enquiry, the Police came to the conclusion that deceased Girdhari Singh was killed by accused Girdhari Singh S/o Roop Singh R/o Udawaton-ka-Kheda and Onkar Singh S/o Roop Singh r/o Devaji-ka-Guda. Thereupon, both were arrested. One 'Kunt' was recovered upon information of the accused Girdhari Singh by Dy. S.P., Rajsamand from the house of Suraj Singh son of accused Onkar Singh. During investigation, the police recorded the statements of the witnesses, who pointed out that prior to the incident, the accused came at the house of Arjun Singh and wanted some labour. When he refused provide labour, then the accused-appellants left towards the Bheruji-ka-Kheda. From there, they took deceased Girdhari Singh with them along with Dala, Nena, Mangu and Naru Bheel for digging the well of Girdhari Singh. Thereafter, deceased Girdhari Singh desired two liquor bottles, which were consumed by both the accused, deceased Girdhari Singh and four labourers. In the night between 9.00 and 10.00, deceased along with the accused appellants left towards the village Devaji-ka-Guda with half bottle liquor. The Police also came to know from Nath Singh and Girwar Singh that accused Girdhari Singh admitted that he has killed deceased Girdhari Singh but he has been saved on account of statements of the family members of deceased Girdhari Singh. After investigation, the police submitted charge- sheet before the learned Magistrate, who committed the case to the Court of Sessions. Learned trial Judge framed the charge u/Sec. 302 IPC against the accused Girdhari Singh and u/Sec. 302 read with 34 IPC against the accused Onkar Singh, to which they pleaded not guilty. The prosecution examined 24 witnesses. The statements of the accused were recorded u/Sec. 313 Cr.P.C. They produced two witnesses in their defence. After hearing the arguments on charge, the learned trial Judge convicted and sentenced both the accused appellants as above. During the pendency of the appeal, accused appellant Onkar Singh and died, therefore, proceedings against him were abated vide order of this Court dt. 21.4.2009.

(3.) We have heard learned counsel for the appellant as well as the learned Public Prosecutor.