IMPORTANT POINT
The main legal point established in the judgment is the requirement for reliable and corroborative evidence to establish guilt beyond reasonable doubt, especially in cases involving witness testimonies and dying declarations.

JUDGMENT :

Pankaj Bhandari, J.

1. Present D.B. Criminal Appeal No.375/2000 titled as Dashrath Singh & Anr. Versus State of Rajasthan has come up before this Court for hearing in pursuance of the remand order dated 03.08.2011 passed by the Apex Court in Criminal Appeal No.352 of 2008 & remand order dated 23.01.2012 passed by the Apex Court in Criminal Appeal No.1550 of 2009 whereby the Apex Court has allowed the appeals filed by Dashrath Singh and Mahavir Singh and has set aside the order of the Division Bench of the Rajasthan High Court dated 18.07.2006 and has remanded the case back to this Court for re-decision qua the appellants herein. The appeal was filed by the appellants – Dashrath Singh and Mahavir Singh aggrieved by the judgment and sentence dated 18.05.2000 passed by the learned Judge, Special Court, Jaipur in Sessions Case No.01/1998, whereby appellant-Dashrath Singh was convicted for offence under Section 148 IPC and Section 302 and 302/149 IPC. For offence under Section 148 IPC, he has been sentenced for two years rigorous imprisonment and for offence under Section 302 and 302/149 IPC, he has been sentenced for life imprisonment and a fine of Rs.3,000/-, in default of payment of fine, to further undergo three months rigorous imprisonment. Appellant-Mahavir Singh was convicted for offence under Section 147 IPC and Section 302/149 IPC. For offence under Section 147 IPC, he has been sentenced for one year rigorous imprisonment and for offence under Section 302/149 IPC, he has been sentenced for life imprisonment and a fine of Rs.3,000/-, in default of payment of fine, to further undergo three months rigorous imprisonment.

2. D.B. Criminal Appeal No.331/2004 titled as Kripal Singh Versus State of Rajasthan has been filed by appellant – Kripal Singh aggreived by the judgment and sentence dated 28.01.2004 passed by the Additional Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur in Sessions Case No.127/2001 whereby appellant – Kripal Singh has been convicted for offence under Section 302/120-B of IPC and sentenced to rigorous life imprisonment and a fine of Rs.2,000/-, in default of payment of fine, to further undergo six months imprisonment.

3. Succinctly stated the facts of the case are that on 29.12.1997 complainant – Raju Nayak submitted a written report at Police Station Jhotwara wherein he has stated that today at 08:15 AM Rajendra Grover came to his home by motor-cycle and they were discussing about the cricket match. In the meantime, a cream coloured jeep came from Adarsh Vidya Mandir side and hit the motor-cycle, due to which, complainant and Rajendra Grover fell down. They immediately ran away from there, but Dilip Singh, Dashrath Singh, Mahavir and Sunil Bihari and 5-6 other persons came out from the jeep. They were carrying weapons like lathi, sword, pharsi and pistol and they ran after Rajendra and started beating Rajendra Grover. On the said report, FIR bearing No.563/1997 was lodged for offences under Sections 147, 148, 149, 307, 324, 323 and 341 of IPC and investigation was initiated. During investigation, Rajendra Grover died at the hospital.

4. The police after completion of the investigation has filed challan against accused – Dilip Singh, Dashrath Singh, Mahavir Singh, Sudepal Singh, Dewan Singh, Khem Singh, Ravindra Singh, Rajveer Singh, Damodar, Kripal Singh and Santu Sharma. Trial Court framed charges against 10 accused persons. Accused denied the charges and claimed trial. Out of the 10 accused persons, one Santu Sharma, against whom challan has been filed under the provisions of Section 299 Cr.P.C. for offence under Sections 147, 148, 149, 302/34 and 120-B of IPC, was acquitted by giving benefit of doubt and the other nine accused were convicted by the learned Trial Court.

5. D.B. Criminal Appeal was preferred by nine accused persons. Division Bench of the High Court acquitted six accused – Khem Singh, Sudepal, Diwan Singh, Rajveer Singh, Ravindra Singh and Damodar Singh and convicted 3 accused na