MADHO SINGH AND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two criminal appeals have been preferred by appellants (Nathu Singh and Madho Singh) challenging the judgment of the Additional Sessions Judge No. 1 Jaipur City who convicted each of them and sentenced as under :

(2.) All substantive sentences were ordered to run concurrently.

(3.) Facts in a narrow compass are that written report was lodged at PS Jhotwara (Jaipur) by Kishore Singh S/o Om Singh on 03-05-1999 alleging inter alia that on 01-05-99 at about 11 pm, Natthu Singh and Madho Singh (appellants) came in a bullet motorcycle to his house and asked his father to accompany them whereupon his father told him and his mother to accompany them and accordingly his father left his house by accompanying them (accused) but did not return to the house for whole of the night; that next day at about 7 A.M. Nathu Singh came to his house and informed him that his father had met with an accident and was lying wear Khirni Fatak, whereafter Nathu Singh went away. It has also been alleged in written report (Ex. P.1) that upon information of Nathu Singh, Sher Singh and his friend Vikram Singh (neighbour also) went on motorbike to Khirni Fatak where it was given out that Madho Singh had taken his father Om Singh to Deep Hospital from where it was told that since condition of Om Singh was serious, Om Singh was taken to SMS Hospital, so they along with Nathu Singh (who was there at Khirni Fatak) then had gone to SMS Hospital and found there his father in an unconscious state having injuries on the head thereby he felt disturbed and so he phoned to his grand father living in village Padihara (Churu) as also to his neighbours at Jaipur. It has further been alleged that on 2-5-99 at about 1 'O' clock in the night he returned back to his house after getting his father medically operated at SMS Hospital and upon checking apparels of his father then found a diary but did not find wrist watch so also Rs. 3000/- which were given by Seth (employer) of his father. It has been alleged that on 3-5-99 at about 8 O'clock, Prem Singh Bhati (his father's friend) came and informed him that his father was thrown after being assualted, inasmuch as there had been talks in the locality of Madho Singh that his father was beaten by Madho Singh and Nathu Singh at the house of Madho Singh, besides having snatched money and wrist watch; and that even after operation, his father has been unconscious in SMS Hospital, and since he was busy in the hospital the report could not have been lodged earlier and was being lodged on 3-5-1999.