TYAGI C. J. - (1.) ALL these six matters arise out of the judgment dated 25th of January, 1971 of the learned Sessions Judge, Jaipur city convicting the appellants Bhaghwan Singh, Dharampal, Jugal kishore, Raj Kumar Gaur, Ramchandra, Sukhdeo and Vijay Poonia of the offences punishable under section 304 Part II read with section 148, 149, and 447 I. P. C. Accused Rajkumar Gaur and Ram chandra were also found guilty of offence under section 523 I. P. C. ALL the accused persons were sentenced to rigorious imprisonment for four years under section 304 Part II read with section 149 I. P. G. , two years rigorious imprison-ment under section 148 I. P. C. and two months rigorious imprisonment under section 447 I. P. G. Rajkumar and Ramchandra in addition to the said senten-ces were also awarded eight months' rigorious imprisonment each under section 323 I. P. G. ALL the substantive sentences were however ordered to run concu-rrently. ALL the accused persons who were charged under section 302 I. P. G. were acquitted of that charge.
(2.) ACCUSED Manipal, Anil Mehta, Mohanlal, Motilal Jain, Sukhvir Singh, Behari Modi, Jotram, Omprakash Bishnoi Sultan Singh and Ravindra were all acquitted of the various charges levelled against them. Appeal No. 112 of 1972 is filed by the State challenging the acquittal of fall the accused persons under section 302 I. P. C. as well as against the acquittal of aforomentioned ten persons who were not found guilty at all. Appeals Nos. 977 of 1971 and 1001 of 1971 are filed by those who were convicted by the trial court. Besides these appeals three revision petitions were also filed under section 11 (3) of the Probation of offenders Act, 1958 by the Probation Officer praying to revise the cases of Sukhdev Singh, Dharampal and Vijay Poonia who in his opinion were entitled to get the benefit of the provisions of section 6 of the Probation of Offenders Act, as according to the Probation Officer all the abovenamed three accused were entitled to get such benefit as they had not attained the age of 21 on 3-2-1970 when the incident had taken place. The Probation Officer maintains that section 6 of the 1958 Act is mandatory and, therefore, the cases of the said three accused persons viz Sukhdev Singh, Dha-rampal and Vijay Poonia need to be revised under section 11 (3) of the Act. Since all these six cases arise out of one judgment, we propose to dispose them of by a single judgment. Seventeen persons including the seven convicts, namely, Bhagwan Singh, Dharam Pal, Jugal Kishore, Rajkumar Ramchandra, Sukhdev Singh and Vijay Poonia were tried for committing the murder of Dalip Singh, a student of the 1st year T. D. C Arts who used to reside in room No. 42 of the Vivekanand Hostel. Ten persons were acquitted of all the charges levelled against them. Out of those ten the State did not prefer any appeal against Motilal. Ravindra. Singh, Sukveer Singh, and Sultan Singh. The State has chosen to file appeal only against the acquittal of Anil Mehta, Mohan Lal, Mshipal Maderna, Behari Modi, Jotram and Ompraksh Bishnoi. We, therefore need not take into consideration the evidence relating to the four auquitted persous against whom no appeal has been preferred by the State. The prosecution case as unfolded by the prosecution witnesses is like this: Vijay Poonia who is said to be the leader of one faction of the students was on a friendly terms with deceased Dalip Singh who is said to be the leader of another factions. These cordial relations continued till the elections of the Students Union took place. There after it is said that Dalip Singh fell out and the students divided into two distinct groups, one headed by Dalip Singh and the other by Vijay Poonia. The learned Judge has taken note of certain events that took place at Ganganagar where kisan agitation was organ-sed which had its own impact on the minds of the 'student community at Jaipur which divided the students on communal lines. Vijay Poonia become the leader of the Jat group and Dalip Singh led the Rajput group. The gulf between the two groups widened and the matters reached to such a climax that Dailp Singh started apprehending that he might be done to death by Vijay Poonia and his followers. The apprehension was communicated by Dalip Singh to the Warden of the hostel also.
(3.) ON 3rd of February, 1970, it is alleged that some students belonging to the group of Vijay Poonia riding on motor cycles, scooters and car came in search of Dalip Singh. They first went to a place known as Non Resident Student Centre hereinafter to be referred to as 'n. R. S. C' in she University Campus When they did not find Dalip Singh there they proceeded to the Canteen in Rajasthan College Campus. When Dalip Singh was not treaceable there also, the group proceeded to the Vivekanand Hostel where Dalip Singh used to resid According to the prosecution case accused Jugal Kishore on the lawns of the Vivkanand Hostel distributed lathis and iron rods taken by them in the car which was brought by Mahipal Maderna. There the members of the assembly raised certain slogans which clearly indicated that they had come to that place to take reverge against Dalip Singh Dalip Singh at that time was in his room No 42 situtate on the first floor of the hostel. The group of students then went upstairs and when they foundthat the door of Dalip Singh's room was closed, they tried to open it by giving pushes to it The prosecution story further goes to reveal that when the door could not be opened by force, some body from amongst the crowed suggested that the party had come for negotiating a compromise and it is said that thereafter the door of the room was opened from inside. Eleven students entered the room Dalip Singh, P. W. 4 Narendra Singh and P. W 6 Arjun Singh were inside the room. It is said that after giving beat* ing to P. W 4 and P. W 6 they were pushed out of the room and then the assailant party belaboured D dip Singh mercilessly while he was lying on the cot. After giving a good deal of threshing to Dalip Singh by the lathis and iron rods the students came out of the room and then went away from the place of occurrence. Dalip Singh was immediately brought down by the inmates of the hostel and placed over a cot on the ground flower of the hostel. Immediate information was sent to the warden of the hostel who rushed to the place of occurence. Having seen the serious condition of Dalip Singh the warden managed to shift all the injured viz Arjun Singh, Narendra Singh and Dalip Singh to the hospital. Dalip Singh was shifted in an unconscious state and he remained so in the hospital till February 14, 1970 when he breathed his last. A team of medical experts was summoned by the State Government from Delhi to examine Dalip Singh and to make the best medical treat-ment available to him but unfortunately these efforts could not bear any fruit and even the best medical aid could not succeed to save Dalip Singh. Dr. Dakaya, the warden of the hostel and Dr. Jiyauddin Khan made inquiries about this incident and asked various students who had witnessed the occurrence. P. W 8 Shri Vijay Singh and P. W. 37 Shri Devendra Singh submitted a joint written report about what they had witnessed Similarly P. W. 9 Pushpendra Singh gave his version in Ex. P. 5. P. W. 12 Kishan Singh also filed a written report with the Warden which is Ex. P. 16. Anand Kumar Yogi P. W. 16, Shailendra Kumar Pathak P. W. 17, Gokulchand Chhawala P. W. 38 and Shri Bhojraj Singh P. W. 23 also gave written report to the Warden which are Ex. P. 24, Ex. P. 25, Ex. P. 35 and Ex. P 86 respectively. P. W. 35 Phoolia who had discovered certain lathis and iron rods (Saria) in the adjoining bath room stained with blood, also submitted a report which is Ex P 34. On the basis of the different versions given by the aforesaid witnesses, Dr. Jiyauddin Khan sent the first information report Ex P. 37 to the Police station Officer Bapu Nagar, Jaipur. On the basis of this report case was registered and investigation was started by the local police. There was a resentment in public that the investigations were not properly conducted and there was a charge that the local police was out to save some of the culprits who were highly connected with the politicians. The State government therefor thought it proper to handover the investigation to the C. B. I. and on 14-2-1970 Shri Jiyauddin Khan made the written statements of the various witnesses handed over to Dr. Bakaya, available to the G. B. I. Mahi Pal Maderana who was said to have taken the car of his father, who was then a member of the Rajasthan Cabinet, was also named in some of the documents but the charge against the local investigating agency was that his name was subsequently scored out of the documents and the local police was out to see that his name may somehow be taken out of the list of the culprits. The C. B. I. however made a thorough enquiry and ultimately challaned 17 persons including Mahipal Maderana for offences under secs. 120b, 302 read with sec. 149, 147, 148 & 448 I. P. C, The charge u/s. 323 I. P. C. was also framed against accused Rajkumar Gaur and Ramchandra. ;