MUKHTIAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction recorded by the learned Addl. Sessions Judge, Raisinghnagar, District Sriganganagar in Sessions Case No. 56/92, the appellants Mukhtiar Singh, Khanda Singh, Onkar Singh, Mahendra Singh, Pritam Singh and Joginder Singh have preferred this appeal on the grounds mentioned in the memo of appeal as also on the grounds canvassed before us during the course of arguments. Accused appellants were sentenced to imprisonment for life and fine of Rs. 100/- for offence u/Ss. 302/149, I.P.C. and for the offence u/S. 147, I.P.C., they were fined with Rs. 1000/- and in default, simple imprisonment for one month.

(2.) With the assistance of the learned counsel for the accused and the learned P. P., we have re-appreciated the evidence on record and have scrutinised the entire record and heard the learned counsel for both parties.

(3.) Stated briefly the story of the prosecution is that on 15-6-92 at about 5 in the evening, the deceased Jagtar Singh and Gurmeet Singh were going on motor cycle when the accused persons riding a blue tractor of Ford company collided the tractor with the motor cycle and crushed them under the tractor. This First Information Report (F.I.R.) was lodged by the police on the basis of the information verbally shouted to the police by the son of the deceased Baldeo Singh P.W.1. On the basis of this report, investigation was carried on by the police and ultimately challan against the accused persons as named in the charge sheet, was lodged. The prosecution examined 9 witnesses to prove its case. Of the 9 witnesses, 2 are eye witnesses and the others are mostly witnesses from the police and all other witnesses involved in the investigation. The prosecution story as narrated by P.W. 1 Baldeo Singh in Court is that he and his brother Gurdeo Singh P.W. 2 were going towards the village when Gurmeet Singh