JANGIR SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -These two appeals are directed against the order of the learned Addl. Sessions Judge, Ganganagar in Sessions Case No. 67/78 whereby out of all the nine accused persons, the learned Judge proceeded to convict accused No. 1-Jangir Singh, accused No. 2-Darshan Singh, accused No. 4-Harpal Singh & accused No. 7-Sita Singh of the offences as mentioned below against their names. He proceeded to acquit the remaining accused persons. <FRM>JUDGEMENT_58_LAWS(RAJ)5_1999_1.html</FRM>

(2.) The prosecution in this case has examined 13 witnesses and have exhibited 45 documents. Out of all the 13 witnesses examined. PW 1 Narain Dutt, PW 7 Chanan Singh and PW 8 Hardutt Singh @ Santokh Singh are formal witnesses who have led evidence regarding preparation of the site plan on the seizure to certain articles from the place of occurrence. PW 9 Anoop Singh is the Sarpanch to prove the enmity between the parties over user of certain public land as road. PW 10 Buta Singh and PW 11 Sadul Singh are the carriers of articles to FSL, Jaipur PW 12 is Dr. K.N. Markanday to prove the homicidal death. PW 13 Ralbeere Singh is the Station House Officer, who has investigated the case. The remaining witnesses i.e. PW 2 lnder Singh, PW 3 Gurtej Singh. PW 4 Smt. Guddi, PW 5 Nihal Kaur and PW 6 Mukhtyar Singh are the eye-witnesses of the incident. It is on appreciation of evidence of these persons that the learned Judge recorded the order of conviction in relation to these four appellants.

(3.) With the assistance of the learned counsel for both the parties. we have re-appreciated the oral and documentary evidence on record and re-scrutinised the documents.