N. M. Kasliwal, J. - (1.)This case has a chequered history. There are two groups, one of the accused-respondents and the other of the complainant party. Spate of murders and other offences have been committed by both the groups and many criminal cases had been filed against each other. In the present incident, which took place on Oct. 31, 1976, two persons Satveer and Lal Chand were killed and Tnlok Kumar and Bai Chand received grievous injuries.
(2.)During investigation it was found that 8 persons, viz., Pritam Singh, Amrik Singh, Harbans, Chetan, Mohar Singh, Satnam, Jagdish and Atrik were involved in the crime. Out of these 8 persons six accused persons viz., Pritam Singh, Atrik Singh, Mohar Singh, Jagdish, Satnam Singh and Harbans were arrested and tried in Sessions Case No. 33/77. In this case learned Sessions Judge, Jhalawar, accepted the plea of alibi in regard to four accused persons, namely ; Pritam Singh, Harbans, Jagdish and Atrik Singh. Learned Sessions Judge also disbelieved the prosecution case against the remaining accused persons, namely, Mohar Singh and Satnam Singh and acquitted all the six accused persons by judgment dated Oct. 4, 1978. The State of Rajasthan has filed the present criminal appeal against the judgment of the learned Sessions Judge.
(3.)One of the accused Amrik Singh, who remained absconded surrendered on May 3, 1979 after the decision of acquittal in Sessions Case No. 33/77. He was tried in Sessions Case No. 63/79 and was convicted under sections 148, 302 read with 149 and 307 read with 149 Penal Code and sentenced to different terms of imprisonment, imprisonment for life and a fine of Rs. 1,000.00 by judgment of learned Sessions Judge, Jhalawar dated Dec. 3,1980. D. B. Criminal Appeal No. 487/80-Amrik Singh Vs. State of Rajasthan was heard by us against the judgment dated Dec. 3,1980 and we dismissed the appeal by our judgment dated April 27, 1983. One of the accused Chetan still appears to be absconding.