AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 16 persons were tried by the Additional Sessions Judge, Jhalawar for the offence under Sections 302, 147, 148, 302 read with 149 and 307 read with 149 of the Indian Penal Code Out of these persons, only one, namely the accused appellant Amar Singh has been convicted for the offence under Sec. 302 Penal Code and sentenced to life imprisonment and a fine of Rs. 1,000.00 and in default of payment of fine he has to undergo further imprisonment for three months. All other accused have been acquitted of all the offences. It may be mentioned here that one accused namely Mangi Lal was murdered during the trial and the allegation is that he was murdered by Rajendra, who is an injured in the present case.

(2.) The appeal of Amar Singh is being disposed by this order.

(3.) The incident, out of which the case aries occurred on 16th June, 1990 at 10.00 P.M. in village Prathvi Pura in for one of J.K. factory and in the incident Banney Singh received injuries on account of which he later died and Rajendra also received injuries. The first information Report was lodged on the same day at 10.30 p.m. at Police Station Mandawar District Jhalawar by Rajendra injured. Seven persons were named as accused in this first information report. However, another report was lodged on 17th June, 1990 in which nine more persons were added as accused. In the first information report Ex.P. 19 Bihari Lal and Ratipal were shown as eye-witnesses. Dying declaration Ex.P. 33 of Banney Singh was also recorded and in his dying declaration he attributed specific blows to accused Amar Singh and Mangi Lal. For his own injuries he said that Amar Singh indicted 2-3 knife blows on the front side of the chest and one knife blow on the back and Mangi lal also inflicted Dharia blows on his body. For the injuries of Rajendra he named Amar Singh appellant. According to the injury reports Ex.P. 16 and P. 17 Rajendra received only one simple injury on the right shoulder by sharp weapon. While, Banney Singh received two injuries which are as follows