GURDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, No. 2, Sriganganagar in Sessions Case No. 25/95 convicting the accused-appellants under S. 302/34 of the Indian Penal Code and sentencing them for life imprisonment with a fine of Rs. 500/- each and in default of payment of fine to further undergo two months' imprisonment, the appellants have preferred this appeal on the ground mentioned in the memo of appeal as also on the grounds urged at the time of hearing of the appeal.

(2.) Facts giving rise to the appeal stated briefly are that first information report was lodged on 26th May, 1992 that the accused persons in the night of 25th May, 1992 at about 8.30 p.m., attacked one Chakar Singh with the intention to kill him in his house and thereafter outside his house in village Chak-3 S. H. P. D. in Suratgarh District. Investigation was conducted on the basis of this information and the accused persons were prosecuted for causing murder of Chakar Singh. The prosecution has examined eight witnesses to prove its case and the witnesses have proved certain documents. On appreciation of the oral and documentary evidence on record, the learned Additional Sessions Judge came to the conclusion that the accused-persons were guilty of murder and, therefore, sentenced them to imprisonment for life. This order is impugned in these two appeals. Appeal No. 559/97 is filed by three accused persons Gurdeep Singh, Balbir Singh and Darshan Singh and Appeal No. 591/97 is filed by Barkat Ali. All the four accused persons were found guilty of murdering of Chakar Singh in the night of 25th May, 1992 by fatally assaulting him with lathis. The order of conviction was assailed by Shri R. S. Gill on behalf of Barkat Ali and Shri N. L. Joshi on behalf of the other accused-appellants.

(3.) With the assistance of the learned counsel, we have reappreciated the evidence on record. In this case, there are only eight witnesses, of the eight witnesses, three are eye-witnesses, two of them are sons of the deceased-Chakar Singh and PW 1 is the neighbour who claims to have seen the incident over his boundary wall. PW 3 turned hostile. PW 4 Dulichand is the Police Constable who carried the sealed articles for analysis to the F. S. L., Jaipur. PW 5 is Constable, In-charge of the Malkhana. PW 6 Tichpal is Station House Officer who investigated the crime. PW 7 Dr. Om Prakash who proves the death of deceased homicidal in nature. As will be seen from the discussion that follows hereinafter, we find it extremely difficult to sustain the order of conviction on such insufficient and inadequate evidence.