MOHAMMAD RAFIQ, J. - (1.) This appeal has been filed by the accused-appellants challenging judgment and order dated 07.10.1991 passed by the Special Court, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Kota (for short 'the trial court') whereby the accused-applicants have been convicted and sentenced in the manner as indicated below: JUDGEMENT_203_LAWS(RAJ)5_2018_1.html
(2.) Facts of the case are that one Jagjeet Singh accompanied by Ranjeet Singh came to Police Station Sultanpur at 1.00 A.M. on 07.12.1989 and submitted oral report stating therein that on the previous day at 9:10 A.M., the informant party had quarreled with Beant Singh and others, in which their parents had received injuries. Again in the evening at about 8.00 P.M., while the informant accompanied by his brothers Ranjeet Singh and Harjeet Singh (since deceased) were coming along side the canal, they were suddenly confronted by appellants and 4 other persons. Bhag Singh, one of the accused exhorted his companions to kill all three of them (i.e. informant and his two brothers). Appellant Beant Singh fired a shot from his gun at Harjeet Singh which hit his stomach. Harjeet Singh died on spot. When the informant attempted to remove the dead body, co-accused Santa Singh fired on the knee of the informant. At the same time, Beant Singh opened second fire, which hit right hand of Ranjeet Singh. Kartar Singh, Sukhwant Singh, Jeet Singh and Shiv Raj Singh inflicted injuries by sharp edged weapons upon Ranjeet Singh. Upon raising hue and cry, Sakattar Singh and Parkat Singh arrived there. The assailants then fled away.
(3.) On the basis of aforesaid oral report, the police registered FIR No. 165/1989 (Exhibit P-18) for offence under Sections 147, 148, 149, 302, 307 IPC and commenced investigation. Site was inspected. Site plan and Inspection Notes (Exhibit P-19) were prepared. Inquest memo (Exhibit P-1) of dead body of Harjeet Singh was prepared. Blood stained earth was taken from the site. An empty 12 bore cartridge was recovered vide memo Exhibit P-4 from the site. Postmortem of dead body was conducted. All 7 accused were arrested. Recoveries of some weapons were made on the basis of information given by them. 12 bore gun was recovered vide Exhibit P-22 from appellant Beant Singh. On conclusion of investigation, challan was filed against 7 accused persons including the present appellants before the Court of Magistrate concerned wherefrom the case was made over to the trial court. The trial court framed charges under Sections 148, 302/149, 326/149, 324/149 and 302/114 IPC against the accused persons, which they denied and claimed trial. The prosecution in support of its case produced 13 witnesses and exhibited 40 documents. Thereafter, the accused-appellants were examined under Section 313 Cr.P.C. wherein they pleaded innocence. In defence though no witness was examined but 6 documents were exhibited. Upon conclusion of trial, the trial court vide it's judgment dated 07.10.1991 acquitted accused Bhag Singh, Santa Singh, Jeet Singh and Shivraj Singh of the charges framed against them, further acquitted the accused-appellants of the charges under Sections 148, 326/149 IPC and Section 3/25 of the Arms Act but convicted and sentenced them in the manner indicated above. Hence, this appeal.;