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2024 Supreme(Raj) 913
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
Advocate Appeared:
For the Appellant : Mr.Ranjeet Joshi, Adv., Mr.Abhijeet Joshi, Adv.,Mr.Vinod Kumar Sharma, Adv., Mr.Aditya Sharma, Adv.
For the Respondent: Mr.B.R.Bishnoi, PP
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.
Headnote:(A) Indian Penal Code, 1860 - Sections 302, 376, 366, 459, 323, 324, 325, 148, 149 - Conviction of several accused-appellants for murder, rape, abduction, and rioting - Held, the trial court affirmed the conviction of A-1 and A-2 for murder and rape, stating the ocular evidence was consistent and corroborated by injury reports (Paras 21, 30) - Others were acquitted due to lack of direct involvement (Para 39).
(B) Unlawful Assembly - The assembly was found to have a common object to kidnap the victim, which resulted in death (Paras 24, 30).
(C) Eyewitness Testimony - Eyewitnesses consistently identified accused and corroborated the prosecution’s case despite defense claims of inconsistencies (Para 22).
(D) Appeal - The appeal primarily challenged the conviction’s sustainability based on alleged inconsistencies in witness statements and FIR (Para 9). (E) Result - The conviction of select accused upheld, while others were acquitted. (Paras 40).
| 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 | ||
