D.B. Criminal Appeal Nos. 616 and 1012/2011. Case: Jeevraj Singh and Ors. Vs State of Rajasthan and Ors.. Rajasthan High Court

Case Number:D.B. Criminal Appeal Nos. 616 and 1012/2011
Party Name:Jeevraj Singh and Ors. Vs State of Rajasthan and Ors.
Counsel:For Appellant: Mahaveer Bishnoi, Adv. and For Respondents: Vishnu Kachhawa, P.P.
Judges:Gopal Krishan Vyas and Kailash Chandra Sharma, JJ.
Issue:Code of Criminal Procedure, 1973 (CrPC) - Sections 161, 313, 374(2), 437A; Indian Evidence Act, 1872 - Section 27; Indian Penal Code 1860, (IPC) - Sections 120, 120B, 147, 148, 149, 300, 302, 304, 341
Judgement Date:February 03, 2017
Court:Rajasthan High Court
 
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Judgment:

Gopal Krishan Vyas, J.

  1. The above D.B. Cr. Appeal No. 616/2011 has been filed by the accused appellant Jeevraj Singh, Indra Singh, Sarjeet Singh and Bhawani Singh under Section 374(2) of Cr.P.C. against the judgment dated 16.7.2011 passed by the learned Addl. Sessions Judge, Ratangarh, District Churu in Sessions Case No. 8/2009 whereby the accused appellants Jeevraj Singh, Indra Singh and Sarjeet Singh were convicted for the offence under Section 302 read with Section 120B IPC and accused appellant Bhawani Singh was convicted for the offence under Section 302 and 120B IPC and following sentence was passed against them:

    Appellants Nos. 1 to 3 i.e., accused appellants Jeevraj Singh, Indra Singh and Sarjeet Singh for the offence punishable under Section 120B read with 302 IPC: imprisonment of life and fine of Rs. 1,000/- and in default of payment of fine to further undergo three months simple imprisonment.

    Appellant No. 4 i.e., accused appellant Bhawani Singh punishable under Section 120-B/302 IPC: imprisonment of life and fine of Rs. 1,000/- and in default of payment of fine to further undergo three months simple imprisonment.

    Appellant No. 4 i.e., accused appellant Bhawani Singh punishable under Section 302 IPC: imprisonment of life and fine of Rs. 1,000/- and in default of payment of fine to further undergo three months simple imprisonment.

    [all the sentences of accused appellant Bhawani Singh were ordered to run concurrently].

  2. D.B. Cr. Appeal No. 1012/2011 has been filed by the complainant Mahipal against Parwat Singh, Mool Singh and Ravindra Singh who were acquitted by the learned Addl. Sessions Judge, Ratangarh, District Churu in Sessions Case No. 8/2009 for the offences under Section 120B, 148, 302, 302/149 IPC.

  3. As per facts of the case, on 27.6.2009 at about 10.00 pm, the SHO Police Station Ratangarh, District Churu received a telephonic message from the Government Hospital, Ratangarh that one Manoj Jat came to the hospital in injured condition and it is suspected that it is a case of murder. Upon receiving aforesaid information, the SHO Police Station, Ratangarh alongwith other police officials reached at Government Hospital, Ratangarh where the parents of the deceased were making quarrel to arrest accused persons and after intervening the complainant P.W. --1 Mahipal submitted a written report (Ex. P/1) to the SHO Police Station, Ratangarh, District Churu. In the report it is alleged that on 27.6.2009 at 9.30 pm, he was standing in front of shop of one Chhagan Lal Nai, at that time, heard hue and cry from the house of Moolchand Nayak on which the complainant immediately went there and saw that accused persons in connivance with each other were beating my brother Manoj Jat by Lathi, knife and kick. The complainant tried to intervene but accused persons made quarrel with him also, at that time, Goru Ram and Mani Ram came there and intervened. As per allegation of the complainant, all the accused gave beating to the deceased Manoj Kumar with an intention to kill him and due to the said injuries his brother Manoj Jat died. In complaint (Ex. P/1) following allegations were levelled by the complainant, which reads as under:

  4. Upon aforesaid complaint (Ex. P/1) formal FIR No. 156 was registered at Police Station Ratangarh on 28.6.2009, which is on record as Ex. P/2. The FIR was registered against 9 named and some other unknown persons for the offences under Sections 147, 148, 302, 341 read with Section 149 and 120B IPC. After registration of the FIR, thorough investigation was conducted by the investigating agency and charge-sheet was filed against seven accused persons including appellants in the court of ACJM, Ratangarh from where case was committed for trial to the court of learned Addl. Sessions Judge, Ratangarh, District Churu. The police filed another charge-sheet under Section 147, 148, 302, 341, 149 and 120B IPC against five juveniles, Parwat Singh, Ram Singh, Govind Singh, Jitendra Singh, Dalpat Singh and Narpat Singh before the Juvenile Justice Board.

  5. The learned trial court after providing an opportunity of hearing framed charge against seven accused persons under Section 120B, 148, 302/149 IPC and commenced trial.

  6. In the trial, statements of 11 prosecution witnesses were recorded and thereafter, statements of all accused persons were recorded under Section 313 Cr.P.C. in which they denied all the allegations levelled by the prosecution witnesses and produced three witnesses namely DW-1 Hanuman Singh, DW-2 Prabhu Singh and DW-3 Bhagwan Singh in defence.

  7. The learned trial court finally heard arguments of both the sides and after assessing the entire evidence produced by the prosecution as well as by the defence acquitted the accused Parwat Singh, Mool Singh and Ravindra Singh from the charges levelled against them but convicted the accused appellants Jeevraj Singh, Indra Singh and Sarjeet Singh for committing offence under Section 120B read with Section 302 IPC, but acquitted them from the charges levelled against them for the offences under Section 148, 302 or 302/149 IPC whereas held accused appellant Bhawani Singh guilty for the offence under Section 302 and 120B IPC individually but acquitted him from the charges under Section 148 and 302/149 IPC and passed the sentence mentioned above. It is also one of the important fact that against other accused namely Parbat Singh S/o. Ram Singh, Govind Singh, Jitendra Singh, Dalpat Singh and Narpat Singh charge-sheet was filed before the Juvenile Justice Board for the offences under Sections 302, 148 and 149 IPC.

  8. Learned counsel for the appellant vehemently argued that upon perusal of the FIR it will reveal that names of accused appellants Jeevraj Singh, Indra Singh and Sarjeet Singh does not appear, however, allegations were levelled against accused appellant Bhawani Singh and other co-accused persons for assaulting the deceased Manoj Jat by deadly weapons. According to the learned counsel for the appellants except accused appellant Bhawani Singh, all the three appellants have been convicted only on the basis of recovery of mobile phone by which some conversations were made by them with the accused before commission of offence, no other evidence is available on record to connect them with the crime, therefore, their...

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