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2018 Supreme(Raj) 2206
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Mohammad Rafiq And Goverdhan Bardhar, JJ.
Raghuveer Singh Jat - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 409 of 1987
Decided On : 26-07-2018
Mr. A.K. Gupta assisted by Mr. Rinesh Gupta, Advs., for the Appellants; Mrs. Sonia Shandilya, Public Prosecutor, for the Respondent; Mr. Mohit Balwada with Mr. Hemant Dagur and Mr. Akash Singh, Advs., for the Complainant
Headnote:
Criminal Law - Indian Penal Code, 1860 - Sections 147, 148, 149, 323, 324 and 302 – Criminal Produce Code, 1973 - Sections 165(1) and 313 - Indian Evidence Act - Section 27 - Criminal Trial - Offence of Murder - Appeal against conviction - Injuries/Wounds/Weapon - Case are that on 11.11.1985 in morning at about 8.00 AM some hot words were exchanged between some members of accused party and complainant party near field and at that time persons from both sides were separated - Then at about 11.00-12.00 in the morning the incident took place in which Chutta died and other four persons received injuries on their persons - Held, It is clearly evident from the injury reports of Pritam (Exhibit P-53); Parasram (Exhibit P- 54); Shyam Lal (Exhibit P-55); Bahdaur (Exhibit P-56), there is apparent mismatch between the timing of injuries which injured Pritam Singh, Parasram, Shyam Lal, Bahadur sustained and duration of which was indicated to be 12 hours viz.-a-viz. injuries sustained by Moola vide Exhibit P-57, which were described to be fresh when he was subjected to medical examination, which is also evident from statement of Dr. Ramesh Chandra (P.W.17), Medical Jurist - Court view trial court was perfectly justified in not accepting plea of right of private defence - Similarly, there is no force in plea of alibi set up on behalf of Gambhir Singh. 12 bore gun was recovered at instance of accused-appellant vide Exhibit P-39 upon information furnished by him under Section 27 of Indian Evidence Act - Directions issued - Appeal partly allowed.
JUDGMENT
Mohammad Rafiq, J. - This appeal has been filed by the accused-appellants challenging judgment dated 29.09.1987 passed by the Court of Sessions Judge, Bharatpur (for short 'the trial court') whereby the accused-appellants have been convicted and sentenced in the following manner:
| Name of Accused | Section | Sentence |
| Raghuveer Singh | 302 IPC | Life imprisonment with fine of Rs. 100/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 148 IPC | One year's rigorous imprisonment. |
| 324/149 IPC | One year's rigorous imprisonment with fine of Rs. 50/-, in default of payment of fine to further undergo one month's simple imprisonment. | |
| 323/149 IPC | Six months rigorous imprisonment. | |
| 3/25 Arms Act | One year's rigorous imprisonment with fine of Rs. 100/-, in default of payment of fine to further undergo one month's simple imprisonment. | |
| Gambhir Singh | 302 read with 149 IPC | Life imprisonment with fine of Rs. 100/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 148 IPC | One year's rigorous imprisonment. |
|
| 324 IPC | One year's rigorous imprisonment with fine of Rs. 50/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 323 IPC | Six months rigorous imprisonment. |
| Nihal Singh | 302 read with 149 IPC | Life imprisonment with fine of Rs. 100/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 148 IPC | One year's rigorous imprisonment. |
|
| 324 IPC | One year's rigorous imprisonment with fine of Rs. 50/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 323 IPC | Six months rigorous imprisonment. |
| Basi | 302 read with 149 IPC | Life imprisonment with fine of Rs. 100/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 148 IPC | One year's rigorous imprisonment. |
|
| 324 IPC | One year's rigorous imprisonment with fine of Rs. 50/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 323 IPC | Six months rigorous imprisonment. |
| Moola | 302 read with 149 IPC | Life imprisonment with fine of Rs. 100/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 148 IPC | One year's rigorous imprisonment. |
|
| 324 read with 149 IPC | One year's rigorous imprisonment with fine of Rs. 50/-, in default of payment of fine to further undergo one month's simple imprisonment. |
|
| 323 IPC | Six months rigorous imprisonment. |
All the sentences were ordered to run concurrently.
2. At the outset it may be noted that accused-appellant No. 3, Nihal Sngh died during pendency of present appeal on 31.12.2015. His death certificate has been placed on record along with report dated 24.08.2017 of Chief Judicial Magistrate, Bharatpur according to which Nihal Singh has indeed expired. Therefore, present appeal qua accused-appellant No. 3, Nihal Singh stands abated
3. Facts of the case are that on 11.11.1985 in the morning at about 8.00 AM some hot words were exchanged between the some members of accused party and the complainant party near the field and at that time persons from both the sides were separated. Then at about 11.00-12.00 in the morning the incident took place in which Chutta died and other four persons received injuries on their persons. Lekh Raj Singh (P.W.15) received information from Rajendra Singh (P.W.11) and as per his version he mentioned that in Rojnamcha (Exhibit P-17) produced before the court and then he rushed to the spot. At the spot Vadda (P.W.1) submitted a written report to Lekh Raj Singh (P.W.15). As per the prosecut
