CHARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15-10-1987 by which, the AddI. Sessions Judge, No.2, Bharatpur, convicted the appellants as under: Charan Singh: under Section 302 of the Indian Penal Code and Bachchu Singh under Sections 302/34 of Indian Penal Code. Both the appellants have been sentenced to life imprisonment and a fine of Rs. 200/- in default of payment of fine, to undergo two months R. I.2. Ram Charan on 15-6-1986 at 2 p.m. lodged a report at Police Station, Roopwas, alleging that on the same day in village Nagla Khan in the morning while taking bath in the village pond some quarrel developed between Han Singh sb Kangi Ram and Durga Singh sb Patriva. Han Singh reported the matter to his mother Smt. Harpyari and his brother Charan Singh. Charan Singh and Harpyari went to Smt. Ranla, mother of Durga Singh and wife of Patriva (deceased). The two ladies while discussing picked up quarrel and on intervening by others the situation was saved. Thereafter Charan Singh called his younger brother Bachchu Singh from the mine. Then Patriva boarded his wife in the bus to lodge the report and he was going on bicycle to Police Station. Then Charan Singh and Bachchu Singh came in the village, took lathis in their hand, and stated that they kill will Patriva before his arrival at Police Station. Charan Singh and Bachchu Singh took cycles and followed Patriva. After some time there was rum our that Patriva was murdered by Charan Singh and Bachchu Singh. The villagers took a tractor trolly and came to the spot where they found the cycle of Patriva and they were informed that the dead body of Patriva has been taken to Roopwas. When the villagers were coming towards Roopwas, near the shop of Ravindra Singh Sarpanch they found the dead body of Patriva living on the ground and by the side of dead body Gopal, Mangla Ramji Lal and Smt. Rama wife of Patriva were found. They took the dead body of Patriva in the tractor and came to Police Station. on this report the police registered a case under Sections 341 and 302 of the Indian Penal Code and started the investigation. The postmortem of the dead body was conducted and according to the opinion of the doctor Patriva died on account of throattling leading to asphyxia and death. After completing the usual investigation the police submitted challan against the appellants.

(2.) The Trial Court framed charge against Charan Singh under Section 302 of the Indian Penal Code and against Bachchu Singh under Sections 302/34 of the Indian Penal Code. Both the accused pleaded not guilty and claimed trial.

(3.) The prosecution has examined 9 witnesses in suport of its case. The accused-persons have denied all the allegations and no defence evidence was adduced by them. The learned Trial Court found accused Charan Singh guilty under Section 302 of the Indian Penal Code and accused Bachchu Singh guilty under Sections 302/34 of the Indian Penal Code and sentenced them as mentioned above.