ATAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These both matters are related to same incident and filed against a common order, hence, they are being decided by this common judgment. Criminal Appeal and revision petition have been filed against the judgment and order 15.12.2003 passed in Sessions Case No. 99/2003 (2/97) by Additional District Judge (Fast Track) No. 3, Bharatpur Camp Bayana, by which the present appellants have been convicted and sentenced, as under:

(2.) During appeal, the appellant No. 1-Nihal Singh expired, hence, his appeal stands abated vide order dated 7.3.2011.

(3.) The short facts of the case are that on 18.8.1996 at about 11.30 p.m., Samunder Singh PW. 1 has submitted a written report Ex. P/1 at Police Station Roopwas and it was stated that at about 5.00 p.m., Nihal Singh and his son Atar Singh had destroyed the Jwar Crop of his uncle. Lalaram had asked Nihal Singh as to why he had destroyed the crop. At that time, they went away. At about 6.00 p.m., Nihal Singh, Atar, Bhagwat, Makhan, Member, Prakash, Yadram etc. etc. 21 persons named in FIR came there armed with Pharsa, Lathi, Jeriya, Dhariya etc. entered in his house and told him that if he will cultivate the lands of his uncle, they will kill him. It was further stated in the written report that accused Member inflicted injury with a blunt side of Pharsa on the right hand of Samunder, then Lalaram, Mahendra, Laxman Kaur, Badlu, Bhagwan Singh, Shibbu, Akhe Singh, Sunder, Khema and Bhagwani came there to rescue the informant. Accused appellants have also inflicted injuries on them. Some of the overt acts have been narrated in the FIR. It has also been specifically narrated that Bhagwat has inflicted injury on the head of Akhe Singh with a Pharsa. On the basis of the above report, FIR No. 241/96 was registered under Sections 147, 148, 323, 427, 447 and 307 IPC on 27.8.1996. Injured Akhe Singh succumbed to the injuries and offence under Section 302 IPC was added. After investigation, charge sheet was filed against 19 persons including the present appellants. The case was committed to the Court of Sessions, which was transferred to the Additional Sessions Judge (Fast Track) No. 3, Bharatpur. The learned Court below framed charges against the accused Nihalsingh, Rajendra, Mohan, Manshi @ Man Singh, Bhanwar, Billa @ Bhagwan Singh, Bhurimal, Lambari @ Arun Singh, Shanker, Murari, Puranmal under Sections 148, 323, 324, 325/149, 326/149, 307/149, 302/149, 427, 447 IPC; accused Bhagwant and Prakash under Sections 148, 323, 324, 325/149, 326, 307/149, 302, 427, 447 IPC, accused Member under Sections 148, 323, 324, 325/149, 326/149, 307, 302/149, 427, 447 IPC, accused Lakhan and Makhan under Sections 148, 323, 324, 325/149, 326, 307/149, 302/149, 427, 447 IPC, accused Yadram under Sections 148, 323, 324, 325, 326/149, 307/149, 302/149, 427, 447 IPC, accused Atar Singh under Sections 147/148, 323, 324, 325, 325/149, 326/149, 307, 307/149, 302, 302/149, 427, 447 IPC and accused Murari under Sections 148, 323, 324, 325/149, 326/149, 307/149, 302/149, 427, 447 IPC who pleaded not guilty and prayed for the trial of the case. The prosecution has examined PW. 1 Badlu, PW. 2 Lalaram, PW. 3 Bema, PW. 4 Sundar, PW. 5 Bhagwani, PW. 6 Laxman Kaur, PW. 7 Mahendra Singh, PW. 8 Dr. B.L. Meena, PW. 9 Bhagwan Singh, PW. 10 Ram Singh, PW. 11 Virjendra, PW. 12 Surajmal, PW. 13 Harinam Singh, PW. 14 Dr. D.D. Gupta, PW. 15 Vidhyadhar Dudi, PW. 16 S.H. Investigation Officer, PW. 17 Dr. Kedar Garg to support his case. Prosecution has also relied upon Ex. P1 to Ex. P/68 and Ex. P. 104 post-mortem report. Statement of accused persons have been recorded under Section 313 Cr.P.C. DW. 1 Dr. Rajendra Gupta and DW. 2 Ramjilal have been produced by the defence and has relied upon Ex. D/1 to Ex. D/19. After trial, the present appellants have been convicted and sentenced, as referred above. Nine persons have been acquitted, hence, the appeal has been filed against conviction of the appellants, whereas complainant has filed revision against the acquittal of the nine respondents.