- (1.) MAXIM 'falsus in Uno. Falsus in Omnibus' (false in one thing, false in everything does not apply to criminal trials in India because people of our county are not immuned of exaggerating and twisting facts. Man Singh the informant of this case is no exception. Finding Arjun Singh murdered, he instead on going to police station, proceeded to tehsil premise and got the FIR typed wherein 20 persons were named as assailants out of which Investigating Agency indicted only eight before learned Additional sessions Judge (Fast Track) Behrod District alwar, who in two separate trials convicted and sentenced six appellants as under:appellants Ram Swaroop, Kailash, basanta Ram and Jhabar Mai (in sessions case No. 27/2003 decided on december 12/2003): appellants Sultan and Sua Lal (in sessions case No. 43/2004 decided on May20, 2006 ). U/s. 302 149 IPC: each to suffer life imprisonment and fine of Rs. 2000/- in default to further suffer simple imprisonment for six months. U/s. 148 IPC: each to suffer rigorous imprisonment for one year and fine of Rs. 200/ -. In default to further suffer simple imprisonment for one month. The substantive sentences were ordered to run concurrently. Appellants Ram Swaroop, Basanta ram and Jhabar Mal have preferred appeal No. 154/2004. whereas appellant Kailash filed appeal No. 85/2004 and appellants Sultan and Sua Lal submitted appeal No. 553/2006. Finding of acquittal of coaccused Umrao and Chhitar has been called in question by complainant Man Singh in revision petition No. 702/2006.
(2.) THE prosecution story is woven like is:-On July 1, 2002 at 6 A. M. while Arjun singh was easing himself in an open field, as many as 20 persons came over there and inflicted injuries on the person of Arjun Singh with lathis, spears and iron rods. They dragged injured arjun Singh to the house of Basanta. Typed report of the incident was submitted by Man Singh at Police Station bansoor at 11 A. M. On that report a case under Sections 147,148. 149,302 and 341 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, accused were arrested and on completion of investigation charge sheet was filed against ram Swaroop, Kailash, Basanta Ram and Jhabar Mai. Investigation was kept pending under section 173 (8)Cr. P. C. against other accused. In due course Sessions Case No. 27/2003 came up for trial before the learned Additional Sessions Judge (Fast Track)Behrror (Alwar ). Charges under sections 148 and 302/149 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 17 witnesses. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. No witness in support of defence was however examined. Learned trial judge on hearing final submissions convicted and sentenced Ram Swaroop, Kailash, basanta Ram and Jhabar Mal. In another Sessions Trial bearing No. 43/ 2004 appellants Sultan and Sua Lal were convicted and sentenced and coaccused Umrao and Chhitar got acquitted as indicated hereinabove.
(3.) DEATH of Arjun Singh was undeniably homicidal in nature. As per post mortem report (Ex P-l) he received following antemortem injuries:- 1. LW on Lt. thigh middle l/3rd pair laterally 3 cm x 2 cm x 1 cm 2. LW Lt. Popliteal region 5cm x 2 cm x 2 cm 3. LW Lt. lower leg anteriorly lower l/3rd 3 cm x 1 cm x 2 cm 4. LW left lower leg lower l/3rd part laterally just above lateral mellolous. 5. Multiple contusion Bluish in color over whole Lt. lower leg (1 cm x 1cm x 1 cm antero laterally size ranging from (10 cm12 cm x 5 cm6 cm) Surrounded by hematoma. 6. Contusion with hematoma just above left knee (12 cm x 6 cm ). 7. LW Rt. thigh lower l/3rd part laterally above the knee with hematoma (2 cm x 2 cm x 2 cm)8. LW Rt. lower leg l/3rd for anteriorly 11/2cm x 1 cm x 1 cm. 9. Contusion bluish in color with hematoma near injury 7 (15 cm x 3cm ). 10. Contusion on Rt. lower leg posterior medially (15 cm x 2 1/2 cm ). 11. Contusion Bluish in color left lower part of chest antero laterally (10 cm x 4 cm) Blood is coming out from all the lacerated injuries. According to Dr. R. K. Khatri (PW3) the cause death was multiple fractures leading to massive haemorrhage and shock.;