BHOOP SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal was filed by five accused persons Bhoop Singh, Mahendra, Kashi Ram, Hari Singh and Chhotu, against the judgment of learned Addl. Sessions Judge, Nohar dated 30.9.1983, convicting all the five accused persons for the offence under Sections 148 and 302 read with Sec. 149 I.P.C., and sentencing each of them to one year's rigorous imprisonment with a fine of Rs. 200.00 for offence under Sec. 148, and with imprisonment for life and a fine of Rs. 500.00 for offence under Sec. 302 read with Sec. 149, and further directing that in default of payment of fine each accused shall undergo five months' further rigorous imprisonment.

(2.) The appeal was filed on 11.10.1983, and was admitted on 13.10.1983. Then, on 11.11.1983 the application for suspension of sentence of the accused Mahendra, Kashi Ram, Hari Singh and Chhotu was allowed, and they were released on bail. Then, on 16.21984 sentence awarded to fifth accused Bhoop Singh was also suspended, and he was released on bail. Thus, all the five accused are on bail. During trial it was reported on 10.9.1999, that the accused Mahendra has expired, and a death certificate was also obtained, and enclosed. Thus, out of the five appellants the appeal of Mahendra abates. Consequently, the present appeal is required to be considered to be an appeal on behalf of remaining four accused only.

(3.) Facts of the case are, that one Fularam Jat R/o Chiriya Gandhi lodged a report at P.S. Bherani at 7.45 P.M. (date we are not mentioning as that is one of disputed points) to the effect, that his brother Kalu Rim bears enmity with Hari Singh, Kashi Ram R/o Chiriya .Grandhi. There is litigation between the relationship and on that count yesterday at 2P.M. on the Bus Stand Gandhi Bari on the shop of Jagan, Kalu Ram was sitting, at that time Chhotu intimated, thereupon Hari Singh, Kashi Ram, Mahendra, Chhotu, Bhoop Singh sons of Moman Ram R/o Chiriya Gandhi came duly armed with axe, and lathi, and in front of shop of Jagan they started beating Kalu, but Kalu took shelter in the shop by rushing into it, but all these persons had broken his head with lathis and axe, and have killed him. At that time his elder son Dilip and his nephew Kashi Ram were there at the bus stand, who had seen the incident. There were many other persons seeing the incident. On receiving this information he went to the shop of Jagan, and saw that Kalu Ram was having injuries on his head, and face, and was lying dead in the shop of Jagan. On this information a case under Sections 302, 147, 148 and 149 I.P.C. was registered, and investigation commenced. At this place we may observe, that in Ex.P-1 date of incident is said to be 14.6.1982 at 2 P.M. The F.I.R. in the prescribed column shows to have been lodged on 14.6.1982 at 7.45 P.M., but even according to the contents of this report, as noticed above, the incident took place on the earlier day. Obviously it should be 13, while it is contended before us, that the F.I.R. was, as a matter of fact, lodged on 15th, it reached the Magistrate at 8.30 P.M. on 15th, and even other circumstances were pointed out, which we will discuss later. On this information, after registering the case necessary investigation were undertaken, post modem was got conducted on 15th, report whereof is Ex.P-9, and after completing investigation, challan was filed against all the five accused persons, wherefrom the case was committed.