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High Court Of Rajasthan
Judgename : N.N.MATHUR,S.C.MITAL
KARNAIL SINGH - Appellant
Versus
STATE OF RAJASTHAN - Respondent
D. H. Criminal Appeal 46 Of 1981
Decided On : 08/11/2000
Criminal Appeal - Conviction under Sections 302/149, 307/149, 326/149, and 148 of the Indian Penal Code - Summary of Acts and Sections: Sections 302, 307, 326, and 148 of the Indian Penal Code - The court analyzed the prosecution's evidence, scrutinized the witness testimonies, and evaluated the injuries sustained by the accused. The court found that the prosecution failed to prove the case beyond a reasonable doubt due to the suppression of the genesis of the occurrence and the non-explanation of serious injuries on the accused persons.
Fact of the Case:
The case involved an incident where the accused persons assaulted the victims with various weapons, resulting in injuries and death. The prosecution presented witness testimonies and medical evidence to support their case.
Finding of the Court:
The court found that the prosecution failed to prove the case against the appellants beyond a reasonable doubt due to the suppression of the genesis of the occurrence and the non-explanation of serious injuries on the accused persons.
Issues: The issues revolved around the credibility of witness testimonies, the suppression of crucial evidence, and the non-explanation of injuries on the accused persons.
Ratio Decidendi: The court's decision was influenced by the lack of clarity and cogency in the prosecution evidence, the suppression of crucial evidence, and the non-explanation of serious injuries on the accused persons.
Final Decision: The appeal was allowed, the judgment of the trial court was quashed and set aside, and the accused appellants were acquitted of the charges.
N. N. MATHUR. J.
( 1 ) - This criminal appeal is directed against the judgment dated 22-12-1980 convicting the appellants Karnail Singh Sb Nand Singh, Saheb Singh, Nikshatra Singh, Banta Singh, Sikattar Singh all sons of Karnail Singh, Bhajan Singh, Bachhan Singh, Sikttar Singh, Bhal Singh, Mukhtiar Singh and Darbara Singh of offence under Sections 302/149 I. P. C. and sentenced to imprisonment for life. They have also been convicted for the allied offence as under Sections 307/149, 326/l49and 148 I. P. C. During he pendency of the appeal, the appellants Bhal Singh Mukhtiar Singh and Darbara Singh died. The said fact has been noticed in the order sheet dated 21st January, 1997. Thus, the appeal filed by the said three appellants stands abated.
( 2 ) THE brief facts of the case are that P. W. /1 Jagir Singh lodged the F. I. R. at the Police Station Taiwara Jheel on 4-2-1977 stating inter alia that on 3-2-1977 his nephew alongwith his niece Prakash Kaur had gone to Hanumangarh to meet Milkha Singh who was lodged in sub jail. Both of them returned to their village Talwara Jheel by train. They got down at about 8. 00 p. m. Accused Karnail Singh and his son also travelled with them in the same train. They were returning from Hanumangarh after attending the court. As soon as they landed on the railway station, Lakha Singh was surrounded by them in order to assault him. Prakash Kaur immediately informed to PW /6 Sukha Singh at his residence. In turn, Sukha Singh went to the house of PW/ 1 Jagir Singh where, alongwith Jagir Singh, deceased Gehna Singh, PW /3 Samunda Singh, PW /2 Tilok Singh were talking to Barn Singh with respect to the sale of a land. Sukha Singh told him about the surrounding of Lakha Singh by the accused persons at the railway station in order to assault him. All the 5 persons proceeded towards the house of Lakha Singh. In the way, near the place known as Kaniram ke pecht all the accused persons alongwith Shingra Singh met. They challenged and threatened to kill them. The accused Nichatra Singh was armed with a rifle and Karnail Singh with 12 bore gun. All the other accused persons were carrying weapons like gandasa, barcha and lathis with them. The accused Mukhtiar Singh gave a barcha blow on the chest of Gahna Singh so as Banta Singh also gave a barcha blow on account of which. Gahna Singh fell down. Thereafter Darbara Singh. Banta Singh. Mukhtiar Singh and Nichtra Singh also thrashed Gahna Singh by different weapons. At that time Sikttar Singh shot two fire from the rifle. PW /2 Tilok Singh tried to escape on which. Kamail Singh from his 12 bore gun fired, which hit on his back on account of which he fell down. The other accused persons Sahab Singh. Bahal Singh and Shingra Singh assaulted him by lathis, gandasis and barchis. PW. 3 Samund Singh was surrounded by Bachhan Singh and was given beatings by barchis, gandasis and lathis. PW /5 Barkha Singh intervened and advised the accused persons not to assault them on which. Sikttar Singh assaulted him. Gahna Singh died on the spot. The incident was witnessed by PW /1 Jagir Singh and PW /6 Sukha Singh having concealed themselves behind the wall of food-grain shop. After the accused persons left the spot. PW 11 Jagtr Singh. PW/6 Sukha Singh, took the injured PW. 12 Tilok Singh and PW 13 Samunda Singh to the house of Samunda Singh leaving Sukha Singh near the dead body of Gahna Singh. Jagir Singh took all the three injured persons to the police station at Talwara Jheel. The oral F. I. R. was lodged before PW /11 Richpal Singh, In-charge Police Station Talwara Jheel. The police registered the case and proceeded with the investigation. The police prepared the inquest report and sent the dead body of Gahna Singh for post-mortem. After usual investigation police laid chargesheet against all the 11 accused persons and Shingra Singh who died during the investigation of offence under Sections 302, 307, 326, 324, 148, 147 and 149 I. P. C. and Sections 25/27 of the Ar
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