- (1.) VIJAY Singh, present appellant, alongwith his son Shambhu Singh was sent for trial for causing murder of Madan Singh aged 70 years, father of Ramswaroop Singh (P.W.5) and father -in -law of Suman Devi (P.W.3). Shri A.K. Gupta learned counsel for the appellant has informed us that Shambhu Singh son of the appellant was found to be delinquent juvenile and was sent for trial before the concerned Juvenile Justice Board.
(2.) THE court of Additional Sessions Judge (Fast Track) No.3, Jhunjhunu, Headquarter Khetri vide impugned judgment dated 10.7.2007 convicted appellant for offences under Sections 302, 452, 323 IPC. Having convicted the appellant for the above said offences, the trial court vide a separate order of even date sentenced the appellant as under: - U/s. 302 IPC: Life imprisonment, to pay a fine of Rs.5000/ - and in default thereof to undergo six months rigorous imprisonment. U/s. 452 IPC: Five years rigorous imprisonment, to pay a fine of Rs.1000/ - and in default thereof to undergo three months rigorous imprisonment. U/s. 323 IPC: One year rigorous imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo one month rigorous imprisonment.
(3.) IN the present case, criminal proceedings were initiated on the basis of written report (Ex.P.6) presented by Ramswaroop Singh (P.W.5) before Azad Singh (P.W.11). The written report (Ex.P.6) when translated into English reads as under: - To, The SHO Sahib, Police Station Khetri. Sir, It is submitted that I Ramswaroop Singh S/o. Shri Madan Singh, aged 30 years, caste Rajput is resident of Bilwa. Today in the evening at 10:00 PM, I, my father and my wife Suman were sleeping in the house. At that time Vijay Singh S/o. Surjan Singh, Shambhu Singh S/o. Vija Singh, caste Rajput started giving abuses in front of my house. I came out of the house. I restrained him. They started giving beating to me with lathi and Kulhadi. My wife and father came forward to separate us. They also gave beating to them. Hearing hue and cry raised by us, Devi Singh S/o. Ram Singh, Ram Singh S/o. Hanuman Singh came running. They separated us. After leaving my wife and father at the house, I have come to lodge the report. Legal action be taken. Sd/ - Date 9 -5 -05" A perusal of the written report (Ex.P.6) on the basis of which a formal FIR (Ex.P.7) bearing No.128/05 was registered at Police Station Khetri, reveals that the incident had happened at about 10:00 PM and the report was lodged on the intervening night at 12:05 AM. Special report reached Ilaka Magistrate on 10.5.2005 at 11:30 AM. Initially, the FIR was registered for offences under Sections 341, 323 IPC. Later offence under Section 302 IPC was added. A peculiar feature of the case is that Madan Singh died after twenty days of the occurrence due to septicemia.;