KARAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal under Section 374 of the Code of Criminal Procedure has been filed against the judgment and order 21st February, 2006 passed by the learned Additional Sessions Judge (Fast Track) No. 2, Bundi in Sessions Case No. 18/2005 by which he convicted and sentenced the accused appellants as under: 1. Sukhraj Singh,2. Jagjeet Singh, and3. ParmeshwarUnder Section 302 IPC Imprisonment for life and to pay a fine ofRs. 5,000/ -, in default of payment of fine offurther undergo two months S.I.Under Section 307/149 IPC Four years S.I. and to pay a fine of Rs. 1,000/ -,in default of payment of fine to further undergoone month S.I.Under Section 323/149 IPC To pay a fine of Rs. 100/ -, in default of paymentof fine to undergo 15 days S.I.Under Section 147 IPC One month S.I.Under Section 148 IPC Two months S.I.4. Karaj Singh and5. Balijinder SinghUnder Section 302/149 IPC Imprisonment for life and to pay a fine ofRs. 5,000/ -, in default of payment of fine tofurther under to two months S.I.Under Section 302/149 IPC Four years S.I. and to pay a fine of Rs. 1,000/ -,in default of, payment of fine to further undergoone month S.I.Under Section 323/149 IPC To pay a fine of Rs. 100/ -, in default of paymentof fine to undergo 15 days S.I.Under Section 147 IPC One month S.I.Under Section 148 IPC Two months S.I.Under Section 3/25 Arms Act One year S.I. and to pay a fine of Rs. 500/ -, indefault of payment of fine to further undergo15 days S.I.Under Section 3/30 Arms Act To pay a fine of Rs. 250/ -, in default of paymentof fine to undergo 15 days S.I.

(2.) BRIEFLY stated the facts for the disposal of the present appeal are that on 17th January, 2005 at about 1.40 a.m. Laxman Singh (PW -1) lodged a written report Ex. P -l before PW -13 Laxmichand, SHO, Police Station Taleda District Bundi with the averments that he was the owner of a 'dhaba' on National High Way No. 12 near village Ballop and on the day of incident in the nigh at about 10 -10.15 p.m. while he was sitting in the dhaba, his father PW -2 Inder Singh was in his house situated just in front of the dhaba, some persons were taking meal in the dhaba, at that time one Marshall jeep of white colour bearing No. RJ 08 -U -0092 stopped there at the dhaba and from that jeep two persons came out. They were speaking in Punjabi language and they said that they will first take liquor and thereafter will take meal. On this PW -1 Laxman Singh asked them that liquor could not be served in the dhaba. On hearing this, they went near the jeep and 3 -4 more persons came out of the jeep and started taking liquor at the dhaba. At that time, PW -3 Pawan Kumar, Dilip. Singh (here -in -after referred to as the deceased), PW -4, Ramdev and PW -5 Munshiram who were also sitting in the dhaba asked the accused not to take liquor but they did not adhere to the request not to consume liquor at dhaba. They became annoyed and started quarreling. On hearing the cry, his father PW -2 Inder Singh came from the house at the dhaba and asked the accused not to take liquor but one of the accused took out his revolver from his pocket and made fire towards PW -2 Inder Singh but PW -2 Inder Singh Caught hold the hands of that person as a result of which it fired in the air. It was also averred in the report Ex. P -l that thereafter that person made second fire which caused injury on the thigh of PW -2 Inder Singh as a result of which Inder Singh fell down and thereafter Dilip Singh rushed towards PW -2 Inder Singh to save him but that person also made fire towards Dilip Singh which struck on his neck as a result of which he -fell down. It was also averred in the report that the accused made two fires and they also gave beating to Laxman Singh and at the time of incident many persons assembled there, as a result of which accused ran away from the place of incident. It was also stated in the report Ex. P -l that thereafter deceased was taken to MBM Hospital, Kota by PW -10 Goverdhan and PW -11 Ramratan and simultaneously information was given to the police by his father Inder Singh PW -2. The deceased succumbed to the injuries on the way and was declared dead by the doctor in the hospital. It was also stated that he was under treatment for some days and subsequently came to know that those persons were the accused appellants. On the basis of above report Ex. P -l, the police registered a case for the offence under Sections 147, 148, 307, 302, 323, 324/149 IPC and chalked out regular FIR Ex. P -2 and started investigation. During the course of investigation, post -mortem report of dead -body of the deceased was got conducted by PW -17 Dr. Mahendra Kumar Singhal and post -mortem report is Ex. P -16. The accused appellants were arrested through arrest memos Ex. P -25 to Ex. P -29. The Marshal jeep was seized through memo Ex.P -17 in the presence of PW -8 Prabhulal and PW -9 Ramesh Chand. The revolver was seized through Ex.P -19. Injured PW -1 Laxman Singh and PW -2 Inder Singh were medically examined and their injury reports are Ex.P -38 and P -39 respectively. After completion of usual investigation, challan was submitted against the accused appellants in the court of Judicial Magistrate, Taleda from where the case was committed to the court of Sessions and thereafter it was transferred to the Court of Additional Sessions Judge (Fast Track) No. 2, Bundi.

(3.) IN the statement of the accused recorder under Section 313 Cr.P.C., they stated that they have falsely been implicated in the case. No evidence in defence was adduced.