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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Pushpendra Singh Bhati, Munnuri Laxman, JJ.
Shankar Singh S/o Shri Dhan Singh and ors. - Appellants
Versus
State of Rajasthan – Respondent
D.B. Criminal Appeal No. 54/1995
Decided On : 08-10-2024
| Table of Content |
|---|
| 1. background of the case and charges (Para 1 , 2 , 3 , 4) |
| 2. summary of trial proceedings and convictions (Para 5 , 6 , 7) |
| 3. arguments regarding the admissibility of fir and prosecution case. (Para 8) |
| 4. arguments against fir and witness statements (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. counterarguments from the state (Para 15 , 16 , 17 , 18) |
| 6. court’s reflection on evidence and prosecution. (Para 20) |
| 7. analysis of evidence and convictions under ipc (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 8. findings on kidnapping and abduction (Para 30 , 31) |
| 9. assessment of rape charges (Para 32 , 33) |
| 10. final verdict on rioting charges (Para 34) |
| 11. review on injuries and causation (Para 35 , 36) |
| 12. final conclusions and orders (Para 38 , 39) |
| 13. final decision regarding convictions and acquittals. (Para 40) |
JUDGMENT :
Munnuri Laxman, J.
1. The challenge in the present appeal is to the judgment dated 05.01.1995 passed by the learned Sessions Judge, Balotara on the file of Sessions Case No.31/1992, wherein and whereby the appellants-accused were convicted and sentenced as below:-
| S. No. | Appellants- Accused | Conviction for offence | Sentence imposed |
| 1 | Shanker Singh | u/Sec. 302 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation, 6 months additional imprisonment |
| u/Sec. 376 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation 6 months additional imprisonment | ||
| u/Sec. 366 IPC | to undergo 7 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 459 IPC | to undergo 7 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 323/149 IPC | to undergo 1 year’s R.I. | ||
| u/Sec. 324/149 IPC | to undergo 1 year’s RI. | ||
| u/Sec. 325/149 IPC | to undergo 2 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 148 IPC | to undergo 2 years’ R.I. | ||
| 2 | Pokar Singh | u/Sec. 302/149 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation, 6 months additional imprisonment |
| u/Sec. 376 /120 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation 6 months additional imprisonment | ||
| u/Sec. 366 IPC | to undergo 7 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 459 IPC | to undergo 7 years R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 323/149 IPC | to undergo 1 year’s R.I. | ||
| u/Sec. 324 IPC | to undergo 1 year’s R.I. | ||
| u/Sec. 325/149 IPC | to undergo 2 years R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 148 IPC | to undergo 2 years’ R.I. | ||
| 3 | Babu Lal | u/Sec. 302/149 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation, 6 months additional imprisonment |
| u/Sec. 376/120 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation 6 months additional imprisonment | ||
| u/Sec. 366 IPC | to undergo 7 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 459 IPC | to undergo 7 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 323/149 IPC | to undergo 1 year’s R.I. | ||
| u/Sec. 324/149 IPC | to undergo 1 year’s RI. | ||
| u/Sec. 325/149 IPC | to undergo 2 years’ R.I. and a fine of Rs.500/-; in default stipulation 3 months additional imprisonment | ||
| u/Sec. 148 IPC | to undergo 2 years’ R.I. | ||
| 4 | Khangara Ram | u/Sec. 302/149 IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation, 6 months additional imprisonment |
| u/Sec. 376/120B IPC | to undergo life imprisonment and a fine of Rs.1000/-; in default stipulation 6 months additional imprisonment | ||
| u/Sec. 366 IPC | to undergo 7 years’ R.I. and a fine of Rs.500 | ||
The court upheld certain convictions for murder and rape based on consistent eyewitness testimony and deemed others not liable due to a lack of direct involvement.
The court established that intent in inflicting fatal injuries was insufficient for murder under Section 302, leading to classification as culpable homicide under Section 304 IPC.
The omission of proper charge framing under relevant IPC sections led to a failure of justice; retrial was ordered to address these deficiencies.
The prosecution must prove the formation of an unlawful assembly and the shared common object beyond reasonable doubt, and essential witnesses must be produced to unfold the narrative.
The main legal point established in the judgment is the liability of members of an unlawful assembly under the Indian Penal Code, particularly the application of Sections 141, 143, 144, 146, and 149 ....
The assembly of individuals armed with deadly weapons, with a common intent to commit violence, constitutes an unlawful assembly under IPC, leading to vicarious liability for all members.
The evidence must establish a premeditated intent to commit murder and the existence of an unlawful assembly with the common object of committing murder to support a conviction for murder under Secti....
The court upheld the convictions under IPC Sections 147, 148, 149, and 302, affirming that all members of an unlawful assembly are liable for offences committed in furtherance of a common object.
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