KESRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the five convicts preferred these appeals against their conviction recorded by learned Additional Sessions Judge No. 1, Hanumangarh on 30-3-1978 under various Sections of Indian Penal Code including 302 read with 149, IPC for which they were sentenced to life imprisonment. During the pendency of appeal, appellant-Veer Singh expired and consequently his appeal abated.

(2.) Facts giving rise to these appeals may be narrated in brief. The complainant party and the accused-appellants were labourers. They used to dig earth. They were living in different tents, Kashmir Singh and Kesra used to bring liquor and sell the same to the labourers, Kashmir Singh, Vazir Singh, Laxman Singh and Mehanga Singh used to object. It is alleged that at about 10.00 p.m. on 23-2-1977 Laxman Singh who used to live with Kashmir Singh, Mehanga Singh and Vazir Singh went to the tent of the accused- appellants in order to demand the balance of amount of his wages which was only Rs. 15/-. He demanded the amount from Kesra who paid Rs. 10/- and refused to pay the balance. Laxman Singh, insisted the demand of balance amount of Rs. 5/- which was the amount of his hard earned wages. Then all the accused-appellants started abusing. Laxman Singh requested them not to call bad names. All the five accused-appellants came out armed with different weapons. They wanted to assault Laxman Singh but he ran away towards his tent. When he was running, Magar Singh inflicted injury on his wrist and finger. There was much hue and cry. Thereupon Kashmir Singh and Mehanga Singh came out of the tent of Laxman Singh and tried to rescue him. Magar Singh and Kesra started assaulting him with gandasi. Kashmir Singh fell down and then rest of the accused persons assaulted him with lathi and iron pipe. Mehanga Singh was also assaulted. Indiscriminate assaults were made on Kashmir Singh. Thereafter they dragged him to the tent of Laxman Singh. By that time Laxman Singh, Mehanga Singh and Vazir Singh had escaped and were hiding themselves. During the night nobody came out of the tents but in the morning of 24-2-1977 at about 8.00 a.m. Mehanga Singh informed people in village Talawara Jheel to which Kashmir Singh belonged. Laxman Singh and Vazir Singh looked after Kashmir Singh who was lying injured in the tent.

(3.) Amar Singh and Inder Singh came along with Mehanga Singh in a jeep and then took Kashmir Singh in the injured condition to Talwara Jheel. Kashmir Singh succumbed to his injuries before reaching the village. His dead body was taken to Talwara Jheel where S.H.O. of Tibi was camping. Laxman Singh went to him. S.H.O. recorded his statement Ex.P/5 and sent it through Dhannaram, F.C., to Police Station Tibi so that a case may be registered. Consequently, case under Sections 302, 147, 148, 149, 324, and 323, IPC was registered. The SHO started investigation. He saw the site, prepared site plan, seized blood-stained soil as well as control soil and sent the dead body of Kashmir Singh to hospital of Tibi, where post-mortem was performed. Accused-appellants were arrested. They gave various informations on the basis of which weapons of offence were recovered. Various items were sent to the FSL wherefrom report Ex. P/28 was received. After investigation, challan was submitted before the Judicial Magistrate No. 1, Hanumangarh who committed the accused-appellants to the Sessions Judge.