- (1.) The instant criminal appeal has been filed by State challenging the judgment dated 11.3.1986 passed by Addl. Sessions Judge No.2 Hanumangarh Camp Suratgarh in Sessions Case No.57/85 whereby accused Balwant Singh and Richpal Singh @ Jaspal Singh were acquitted from the charges under Sections 326/34, 324/34 and 302/34 I.P.C. and accused Bhagwan Singh @ Bagga Singh was though acquitted from the charge under Section 302/34 I.P.C. while giving benefit of doubt but he was held guilty and convicted for committing offence under Sections 324 and 326 I.P.C.
(2.) During the pendency of this appeal, accused respondent No.3 Bhagwan Singh @ Bagga Singh died on 6.2.1990, therefore, vide order dated 14.12.1999, appeal against him was ordered to be abeted. According to the brief facts of the case, one Pala Ram S/o Hansraj Nayak filed an FIR at Police Station Hanumangarh Town narrating therein that his father Hansraj (deceased) used to look after the wine shop of liquor contractor and used to make complaint against Rai Sikhs who were caught for dealing in illicit liquor. Deceased Hansraj also made complaint against Balwant Singh resident of Gangagarh and upon his complaint liquor was seized. Therefore, Balwant Singh was having enmity with his father and on 3.7.1982 when sitting in the field of Nure Khan at about 9 p.m. Balwant Singh along with his son Jaspal Singh and Bagga Singh and Jagdish came there with weapon. As per complainant, Balwant Singh was having 'gandasi' and Jaspal Singh and Bagga Singh was also armed with 'gandasi and Jagdish was having sword in his hand and at that time Bagga Singh inflicted a 'gandasi' blow upon his left hand and ran away from that place and informed his father. Thereafter, his father came from his house with his brother Pema Ram when he reached in the street then Jaspal Singh inflicted blow on his father and all other accused also inflicted injuries with their respective weapon due to which Hansraj died. Upon the aforesaid information, a case was registered under Section 302 and 307 I.P.C. by Police Station Hanumangarh Town and thereafter usual investigation was conducted and ultimately after completion of investigation, challan was filed in the Court of Judicial Magistrate First Class No.1, Hanumangarh from where the case was committed to the Sessions Court and later on transferred to the Court of Addl. Sessions Judge, Hanumangarh Camp Suratgarh for trial. The trial Court heard arguments for framing charges and trial Court discharged the accused Jagdish from the charges levelled against him but framed charges for committing offence under Sections 302, 326 and 324/34 I.P.C. against accused-respondents including accused-respondent Bhagwan Singh @ Bagga Singh, who died during the pendency of this appeal. Learned trial Court after due trial acquitted all the accused respondents for the charges levelled against them for committing offence under Section 302, 302/34 I.P.C. and two accused respondents Balwant Singh and Richpal Singh @ Jaspal Singh were acquitted from the charges levelled against them but late Bhagwan Singh @ Bagga Singh was convicted for committing offence under Section 326 and 324 I.P.C. Late Bhagwan Singh @ Bagga Singh filed an appeal against the so called conviction but due to his death, the said appeal was abated and this appeal filed by State as against him was also abated which is filed for convicting all the accused-respondents for charge for committing offence under Section 302/34. Learned Public Prosecutor vehemently argued that the prosecution has proved its case beyond reasonable doubt but learned trial Court has erred in disbelieving the testimony of PW- 2 Pola Ram and PW-3 Pema Ram. According to learned Public Prosecutor PW-2 Pola Ram is injured eye witness who himself received injuries but learned trial Court has failed to appreciate the above fact that witness PW-2 Pola Ram himself was injured eye witness, therefore, learned trial Judge has committed an error while discrediting the evidence of eye witness PW-2 Pola Ram. The finding of learned trial Court with regard to distance of the witness from the place of occurrence is erroneous, therefore, the rejection of testimony of eye witness is an error apparent on record because while discrediting the testimony of eye witness, learned trial Court has acquitted all the accused respondents from the offence under Section 302 I.P.C. Learned Public Prosecutor vehemently argued that though FIR was lodged within two hours of the occurrence by injured eye witness PW-2 Pola Ram, therefore, it left no charm of implicating any person falsely and complainant gave correct facts in the FIR and while recording statement of complainant PW-2 Pola Ram though prosecution proved its case but learned trial Judge has wrongly acquitted the accused-respondents, therefore, it is a fit case in which all the accused respondents were to be convicted for committing offence under Section 302/34 I.P.C. but it has not been done by trial Court, therefore, this appeal has been filed by the State.
(3.) It is further argued by learned Public Prosecutor that as per medical evidence, the prosecution has proved its case beyond reasonable doubt, therefore, learned trial Judge has committed a gross error while not appreciating the evidence in right prospects. Therefore, the judgment delivered by trial Court, discrediting the testimony of PW-2 Pola Ram and PW-3 Pema Ram deserves to be quashed and on the basis of testimony of these two witnesses, the accused respondents are required to be penalized for committing offence under Section 302/34 I.P.C. Per contra, learned counsel appearing for accused respondents submits that the appeal against the respondent No.3 Bhagwan Singh @ Bagga Singh who was convicted for committing offence under Section 326 and 324 I.P.C. was abeted and for other two accused-respondents namely Balwant Singh and Richpal Singh @ Jaspal Singh, it is submitted that learned trial Court has rightly appreciated the evidence of eye witnesses namely PW-2 Pola Ram and PW-3 Pema Ram and rightly arrived at with the finding that as per medical report injuries were received by blunt weapon whereas the witnesses stated in their statements that all the persons were armed with the sharp edged weapons. Meaning thereby, learned trial Court has discredited the testimony of eye witnesses on the ground that as per medical evidence deceased received injury by blunt weapon whereas as per prosecution story, accused respondent Balwant Singh and Richpal Singh @ Jaspal Singh were armed with 'gandasi', which is sharp edged weapon. In this view of the matter, no case is made out for interference. Learned trial Judge has rightly acquitted the accused-respondents from the charges levelled against them. We have considered the rival submissions made by both the parties.;