JASVIR SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals are directed against the judgment of learned Additional Sessions Judge, Raisinghnagar dated 7.9.1996 in Sessions Case No. 61/94. By the impugned judgment the learned Additional Sessions Judge convicted the accused-appellants (in Appeal No. 484/96) for having committed the offences under sections 302, 302 r/w 149, 307, 307 r/w 149 & 447 Penal Code and sentenced to various terms of imprisonment and fine and the accused-respondents (in appeal No. 371(- preferred by the State of Rajasthan) Pal Singh, Balvendra Singh, Jagroop Singh, Satpal, I-1,n Kumar, Bhura, Gopal and Jeet Singh were acquitted of all the charges levelled against them under sections 148, 323, 324, 325, 307, 302, 458, 459, 460 r/w 149 IPC. Leave to appeal has been granted only against four respondents-accused-Pal Singh, Bhura Singh, Gopal Singh and Jeet Singh.

(2.) The prosecution case is that Hardev Singh, his wife-Jaspal Kaur and son Teja Singh were sleeping in front of the 'Kotha' of their 'Ahatta' in the night of 6.5.1994 in village 2 G.D. At about 1.30 in the night-Hardev Singh woke up on the barking of the dog and saw 7-8 persons armed with lathies and Gandasies, who started assaulting him and also his son Teja Singh. They took him away from the house beating him on the way. On raising hue and cry by Hardev Singh and his wife the neighbours Hari Singh, Kashmir Singh and Kesra Nayak came there who challenged the assailants. Thereafter the assailants ran away from the place of occurrence. Teja Singh died thereat and Hardev Singh was shifted to the Hospital by Kesra Nayak and Baltej Singh. Hardev Singh identified Jasbir Singh, Jeet Singh, Gorkha Singh, Pal Singh, Gopal Singh and Bhura. Hema Ram PW 23 C.I., Police Station, Ghadsana on receiving information Ex. P/22 from the Medical Officer, Government Dispensary, Ghadsana about the admission of Hardev Singh in injured condition reached in the Dispensary and recorded the statement ('Parcha Bayan') of Hardev Singh Ex. P/9 on the basis of which the case was registered at Police Station, Ghadsana and after completing the usual investigation a charge- sheet was submitted against seven accused persons viz. Jasbir Singh, Gorkha Singh, Pal Singh, Balvendra Singh, Jagroop Singh, Satpal and Prem Kumar. It is significant to note here that police did not file charge-sheet against three accused persons Bhuru Singh, Jeet Singh and Gopal Singh claimed to have been identified by Hardev Singh at the time of the alleged occurrence. However, the learned Additional Sessions Judge, Raisinghnagar took cognizance under section 319 r/w 193 Crimial P.C. against the above said three accused persons by order dated 25.2.1995.

(3.) Charges were framed against the accused persons under sections 148, 323, 458, 459, 460, 324, 324 r/w 149, 302 r/w 149, 307 r/w 149, 323 r/w 149 & 325 r/w 149 IPC. All the accused persons denied the charge and claimed trial. The prosecution examined 27 witnesses. The accused persons did not examine any witness in defence. Out of the above 27 witnesses', PW 2 Hari Singh, PW 3 Hardev Singh, PW 4 Smt. Jaspal Kaur wife of Hardev Singh, PW 7 Tahal Singh, PW 8 Daula Ram, PW 9 Kesra Ram, PW 12 Pat Ram, PW 13 Kashmir Singh, PW 15 Dayal Singh and PW 27 Baltej Singh have been examined as eye- witnesses. PW 6 Sukhdev Singh, PW 10 Jora Singh, PW 14 bora Singh son of Pritam Singh, PW 17 Ram Chandra, PW 19 Govind Singh and PW 21 Kashmir Singh are the witnesses to the effect that accused persons Balvendra Singh, Satpal, Prem Kumar and Jagroop Singh made extra-judicial confession to them, as leave to appeal has not been granted against them, their evidence is inconsequential for the disposal of these appeals. PW 20 Purshottam and PW 26 Jasram are motbir witnesses. Dr. Rajesh Chand Gaur, Incharge P.S.C., Nai Mandi, Ghadsana PW II examined injured Hardev Singh and also sent the information Ex. P/22 to S.H.O., Ghadsana about the admission of Hardev Singh injured in the Hospital. He also conducted the post-mortem on the dead body of Teja Singh. The post-mortem report is Ex. P/25, Dr. Devi Lal got X-ray done under his supervision of the injuries of Hardev Singh and prepared the X-Ray report Ex. P/24. Hema Ram, S.H.O. PW 23 and Deen Dayal, A.S.I. PW 24 took part in the investigation. PW 18 Surendra Kumar, Head Constable is Incharge Malkhana and PW 16 Chhitar Mal F.C. is carrier, who took 11 packets to deposit at the Forensic Science Laboratory, Jaipur, PW 1 Dilawar Singh and PW 5 Amarjeet Singh reached the place of occurrence after the incident on information by Gurmail Singh alias Golu.