IMPORTANT POINT
The judgment establishes that in criminal cases, the prosecution must prove the accused's guilt beyond a reasonable doubt, and self-defense claims by public servants must be evaluated in the context of their duties.

JUDGMENT :

Pushpendra Singh Bhati, J.

1. This criminal appeal under Section 374 Cr.P.C. has been preferred claiming the following reliefs :

“Hence the accused petitioner preferred this appeal in this Hon’ble High Court and prays that the Judgement of the learned trial Judge of conviction and sentence may kindly be set-aside and appellant be acquitted and set at liberty.”

2. The matter pertains to an incident which occurred in the year 1983 and the present appeal has been pending since the year 1991.

3. The accused-appellants laid a challenge to the judgment of conviction and order of sentence dated 10.09.1991 passed by the learned Additional Sessions Judge No.1, Jodhpur, in Sessions Case 58/85 (State of Rajasthan Vs. Bakhtawarsingh), whereby the present accused-appellant has been convicted and sentenced as below :

4. As the pleaded facts and the record would reveal, on 16.07.1983, complainant-Jethu Singh has submitted a written report (Ex.P-3) before Police Station, Sardarpura, Jodhpur stating therein that on 16.07.1983 at around 3:30 in the noon, while the complainant-Jethu Singh was standing at Bhaskar Circle (Chouraha), at that time, one Manohar Singh came to the complainant and informed him that Bakhtawar Singh (accused-appellant), who at the relevant time was serving as a Sepoy in the Railway Protection Force, inflicted Farsa blows 4-5 times on the head and neck of the complainant’s brother, namely, Narayan Singh, as a result whereof, as per the said Manohar Singh, blood was oozing from the said parts of Narayan Singh; at the time of incident, as per the written information, the said Manohar Singh alongwith one Rajendra Singh and Manmohan were having tea just opposite the Loco Gate.

4.1. It was further stated in the written report that on seeing this, when at the relevant time, the said Manohar Singh alongwith others rushed to rescue the complainant’s brother, Narayan Singh, the accused-appellant alongwith Farsa ran inside Loco. On being so informed by Manohar Singh, the complainant immediately rushed towards Loco Running Shed, however, by that time, his brother was admitted in the hospital, and hence, the complainant also reached the said hospital, and saw his brother Narayan Singh in an unconscious state with head injury and blood oozing from the same.

4.2. On the basis of the aforesaid written report, the police registered a case under Sections 307 & 324 IPC, and the investigation accordingly commenced thereafter. However, since on the same date i.e. 16.07.1983 itself, Narayan Singh, succumbed to the injuries and died, therefore, the offence under Section 302 IPC was also added against the accused-appellant. After investigation, the police filed charge-sheet against the accused-appellant for the offence under Section 302 IPC before the competent court. Thereupon, the said competent court, committed the matter, owing to the case registered and investigated under the aforesaid provisions of law, committed the matter to the learned Trial Court.

5. The learned Trial Court framed the charge against accused-appellant for the offence under Section 302 IPC; the said charge were read over to the accused-appellant; the accused-appellant denied the same, and sought due trial, and the trial accordingly commenced thereafter before the learned Trial Court.

6. During the course of trial, the evidence of 18 prosecution witnesses were recorded and 17 documents were exhibited on behalf of the prosecution, whereas, the accused-appellants produced 06 witnesses and exhibited 13 documents in support of defence; whereafter, the accused-appellant was examined under Section 313 Cr.P.C., in which the accused-appellant, while denying all the charges, pleaded innocence and their false implication in the criminal case in question.

7. Thereafter, upon hearing the contentions of both the parties as well as conside