SAUDAGAR SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal the accused persons Saudagar Singh, Ujagar Singh and Lal Singh have challenged the order of their conviction passed on 31.7.1979 by the learned Sessions Judge, Sriganganagar in Sessions Case No. 73/77 sentencing them for imprisonment for life under Secs. 302 and 201 I.P.C.

(2.) During the pendency of this appeal against conviction, Saudagar Singh and Lal Singh have expired. Their appeal against conviction, therefore, abates. It is dismissed as abated. This leaves the appeal of only Ujagar Singh and, therefore, we will examine the appeal only in relation to him.

(3.) Facts giving rise to the case stated briefly are that an F.I.R. was lodged in Police Station Bhatili Rathan on 7.4.1977 at about 10.30 RM. to the effect that the complainant Lal Singh alongwith his brother had gone to Ziledar to change the water course. The Ziledar told them to obtain necessary orders from the Executive Engineer and, therefore, they were returning home. On returning journey, they were accosted by the accused persons. Sarjeet Singh, Jogendraa Singh, Harbans Singh etc. and Jogendra Singh on the instigation of Sarjeet Singh and Harbans Singh fired a gun, which hit Makhan Singh, brother of Lal Singh, who died on the spot. On the basis of the F.I.R. lodged by Lal Singh, investigation was conducted by the police immediately in the night. They visited the place for occurrence and the accused named in the F.I.R. They found that the accused persons named in the F.I.R. namely, Sarjeet Singh etc. were found sleeping in their respective houses. There was no evidence of their having arrived or trampled the area of occurrence. The police after investigation found no evidence against these persons. However, the police had recorded statements of other persons including the mother of the accused Lal Singh within few days of investigation. Thereafter the police filed final report disclosing no offence against Sarjeet Singh etc. Feeling aggrieved by the final report, a complaint was lodged by Lal Singh and on the basis of that complaint, Sessions trial against the accused Sarjeet Singh and others was commenced. This sessions trial was recorded as Sessions Case No. 35/78 wherein the learned Judge recorded the order of acquittal, appeal against which has been disposed of by us today be a separate order. It is in this manner that the police started investigation into the possibility of Ujagar Singh and his two brothers having committed the murder of Makhan Singh brother of Lal Singh and then filed challan against these three persons charging them with the murder of Makhan Singh. The learned Judge by his order mentioned above, held the accused persons guilty of murder as aforesaid. Lal Singh and Saudagar Singh have died during the pendency of appeal. The appeal against conviction abates.