- (1.) The present appeal by special leave arises out of the judgment and order dated 8th May, 2008 of the High Court of Judicature for Rajasthan at Jodhpur in D.B. Criminal Appeal No. 239 of 2002 whereby the appeal of the appellants herein was dismissed upholding the judgment and order dated 23rd January, 2002 of the Additional Sessions Judge in Sessions Case No. 16 of 2001 whereby the appellants were convicted under Section 302/34 IPC and sentenced to imprisonment for life and a fine of rupees one thousand each and in default in payment of fine to further undergo rigorous imprisonment for one month each in addition.
(2.) During the pendency of this appeal, appellant No.2 Kalla Singh was granted bail by this Court on 3rd February, 2010.
(3.) The case of the prosecution in brief is that complainant Baltej Singh (PW-1) submitted a written report on 7th February, 2001 (Ex.P/1) in the police station Sadulshahar upon which FIR (Ex. P/17) was drawn and a case under Section 307, 341, 323/34 was registered. It is alleged in the said report Ex.P/1 that to pass time the villagers and complainant and his family members used to sit near the fire during the time of winter and cold in front of house of Mukund Singh. Boga Singh, co-accused was not liking sitting of brother of complainant Hansraj Singh and, therefore, two days before the date of incident quarrel took place between Hansraj Singh and Boga Singh. On 7th February, 2001 at about 7.00 p.m., hearing the voice MARO MARO coming from the side of lane in front of the house of Mukund Singh, the complainant, Yadvinder Singh, Mukund Singh and Gurjant Singh ran towards the place from where the voice was coming. There they saw that accused Boga Singh and his two sons Litta Singh and Kalla Singh (appellants herein) were beating Hansraj Singh with lathis and gandasi. Kalla Singh had gandasi with him who inflicted injury by gandasi on the head of Hansraj Singh and others gave beating by lathis. The complainant, Mukund Singh, Yadvinder Singh and Gurjant Singh shouted upon which the accused ran away. The complainant took the victim to the hospital and got him admitted. He lodged report Ex. P/1 in the police station Sadulshahar at 10.00 p.m. on the basis of which FIR No. 29/2001 (Ex.P/17) was registered under Sections 307, 341, 323/34 IPC. The victim died on 8th February, 2001 during treatment in the hospital on which Section 302 IPC was added. During investigation, site was inspected on 8th February, 2001 and blood soil and sample soil were collected. All the three accused were arrested. The weapons of offence were also recovered. The seized articles were sent to Forensic Science Laboratory (FSL) for report. After recording the statements of the witnesses and obtaining opinion of the FSL (report Ex.P/24) and post mortem report (Ex.P/14), the challan was filed against the accused persons under Section 302/34 IPC. The accused denied the charges and sought trial. In support of its case, the prosecution examined as many as nine witnesses out of whom PW-1 Baljet Singh, PW-2 Yadvinder Singh and PW-3 Mukund Singh are stated to be eye-witnesses, PW-6 Dr. B.B. Gupta & PW-7 Dr. Manish Ahuja are witnesses regarding treatment of the deceased and post mortem report, PW-8 Chandra Prakash Parick as Investigating Officer and the other witnesses i.e. PW-4 Sewa Singh, PW-5 Lakharam & PW-9 Haranarayan are witnesses to prove the recovery/seizure of the articles and sending them to the FSL. Each of the accused denied the incriminating circumstances put to them and stated that they have been falsely implicated. The accused Boga Singh took further stand that the deceased Hansraj Singh had illicit relation with wife of Gurjant Singh and the same being objected by him he has been wrongly implicated in the case of murder. However, none of the accused led any evidence in defence.;