BHOPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been tiled by eight accused --Bhopalsingh, Kalyansingh, richpal Singh, Bhanwarsingh, Roopsingh, Ratansingh, Chander Singh and Mal singh who have been convicted under Section 304 Part II read with Sections 149 and 148 Indian Penal Code and sentenced to 7 years' and two years' rigorous imprisonment respectively, by the Additional Sessions Judge, Sikar by his judgment dated 23rd December, 1967. The sentences under both the counts have been made to run concurrently.

(2.) ALL the eight accused are related to each other though the distinct relationship among them has not been brought out on the record. They have got their houses in the same Gowadi in village Hirna, Police Station Fatehpur, District Sikar. Deceased Bhoorsingh has also his house in this very Gowadi. There is a 'chowk' in this 'gowadi' regarding the use of which there was a dispute between Bhoorsingh and the accused. Deceased Bhoorsingh was a cousin of the accused Bhopalsingh and, it appears, that the accused Bhanwarsingh who is a nephew of the accused bhopalsingh claimed the 'chowk' to be exclusively his, whereas Bhoorsingh deceased wanted to use the 'chowk' as a common passage. The prosecution case is that some altercation had taken place between Bhoorsingh and the accused bhanwarsingh 20 or 25 days before the occurrence, and a day before the occurrence which took place on 8-7-1965 there was verbal altercation between bhoor Singh and accused Bhanwarsingh about this very 'chowk' and at that time the accused Bhanwarsingh save a challenge to Bhoorsingh that he would be suitably dealt with next day.

(3.) ON 8-7-3965 Bhoorsingh went to the village Post Office, Hirna to make a complaint against the local postman to the Inspector, Post Offices, Mandawa, who happened to be in the village Hirna on that day P. W 11 Chhatu Singh, resident of athwas. also came that day to the village Hirna to settle the dispute between the accused Bhanwarsingh and the deceased Bhoorsingh bv his intervention inderstngh, second son of Bhoorsingh, was asked by Chhatusingh to bring bhoorsingh from the post office so that he may mediate between the parties and bring abuut a compromise between Bhoorsingh and Bhanwarsingh. Meanwhile chhatu-singh sat down in the Kotari of Bhanwar Singh. The prosecution case is that at that time all the eight accused were sitting with lathis in their hands in the kotari of Bhanwar Singh. At about 10 a. m. Bhoorsingh passed in front of bhanwarsingh's Kotari and there was an exchange of hot words between Bhoorsingh and the accused, who were sitting in the Kotari. According to the prosecution that accused Richapalsingh was the first to strike a blow with a lathi on the right hand oi Bhopalsingh which resulted in a compound fracture of right radius bone. hanwarsingh accused thereafter hit Bhoorsingh on the latter's right leg as a result of which Bhoorsingh fell to the ground. Thereafter accused Kalyansingh is reported to have given a kick on the chest of Bhoorsingh. The prosecution case is that thereafter all the eight accused gave a beating to bhoorsingh who was rescued by son Sanwat Singh (P. W. 4), Narana (P. W. 10)and Chhatusingh (P. W. 11 ). Richpalsingh is also said to have inflicted a lathi blow on the right leg of P. W. 4 Sanwatsingh. All the eight accused then went away from the scene of occurrence. Bhoor Singh soon after became unconscious and was taken on a cart by Sanwatsingh and Narana to Police Station, Fatehpur, which is at a distance of about 10 miles from village Hirna. P. W. 4 Sanwat Singh lodged a first information report of the occurrence at the Police Station, Fatehpur the same day at about 4. 30 p. m. which has been put on the record and marked Ex. P. 1. Since the Sub-Inspector of Police, In-charge of the Police Station, Fatehpur was away, two police constables accompanied Sanwat Singh and came to the place where his father was lying and brought Bhoorsingh to Kedia Hospital, Fatehpur where he was examined by P. W. 1 Dr. Niyamat Rai Bhatiya, who noted the injuries on the person of Bhoorsingh and prepared an injury report marked Ex P. 6. Since the patient was completely unconscious and required better treatment, he was referred by Dr. Niyamat Rai to P. W. 2 Dr. Chatur Beharilal, Medical Officer in-charge, Seth Bhartiya Hospital, Fatehpur. Bhoorsingh's condition in Bhartiya hospital became more serious and therefore Dr. Chatur Beharilal informed the station House Officer, Fatehpur vide his letter Ex. P. 9 that Bhoorsingh had multiple injuries over his body and his general condition was very poor. Bhoorsingh, however, died in Bhartiya Hospital on 9-7-1965 at about 1. 15 a. m. of which information was sent to the police by Dr. Chaturbehari by his letter Ex. P. 10. The dead body of Bhoorsingh was later on sent to S. K. Hospital, Sikar for autopsy. P. W. 3 Dr. Kesar Dev Sharma, Medical Officer In-Charge, S. K. Hospital, sikar conducted the post-mortem examination of deceased Bhoorsingh and found that there were nine injuries on the person of Bhoorsingh. The post-mortem report is Ex. P. 20. The cause of death, according to Dr. Kesardev Sharma, was oedema of lungs due to peripheral circulatory failure as a result of primary shock caused by injuries sustained by the person particularly on head and left temporal region. After receiving information about the death of bhoor Singh the police registered the case against the accused under station 302, indian Penal Code, and after carrying out the necessary investigation challaned them in the Court of Sub-Divisional Magistrate, Fatehpur, who committed the accused to the Court of Additional Sessions Judge, Sikar for trial.