IMPORTANT POINT
The conviction of the accused was overturned due to insufficient corroborative evidence and inconsistencies in witness testimonies.

JUDGMENT :

[Per Hon’ble Mr. Justice Munnuri Laxman] :

1) The present appeal is directed against the judgment dated 30.06.1993 passed by the learned Additional Sessions Judge, Bhilwara on the file of Sessions Case No.110/1991, whereby the appellants were convicted for the offences under Sections 147, 302 read with Section 149 of IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.200/- each; in default of payment of fine, to further undergo 3 months’ simple imprisonment for offence u/Sec. 302 read with Sec.149 of IPC, and to undergo 1 year’s simple imprisonment for offence under Section 147 of IPC. The appellants were acquitted of the charge under Section 148 of IPC.

2) The present appeal is at the instance of the accused-appellants.

3) The sum and substance of the prosecution case is that there was a way dispute in between the accused and the deceased-party. Accused were also convicted on the complaints made by the deceased-party with regard to such a way dispute. On 08.09.1991 at about 10:00 a.m., the deceased-Bhopal Singh, Mahendra Singh (maternal grandson of the deceased) and Virendra Singh (paternal grandson of the deceased) were standing on the roadside of village Khaida to board the bus. Accused Ratan Singh (A-1) and Siyaram (A-2) with lathis in their hands were also standing there. The complainant-Laxman Singh, who is son of the deceased-Bhopal Singh, was coming from the field along with oxen to go back to his home. At that time, accused-Bhagwat Singh (A-3), Narayan Mali (A-4), Bhanwar Singh S/o Narayan Singh (A-5), Ladulal (A-6) and Bhanwar Singh S/o Shaubhag Singh (A-7) suddenly came from the field of Kalu Nayak armed with lathis and provoked A-1 and A-2 to kill Bhopal Singh. All the accused allegedly started beating the deceased-Bhopal Singh with the lathis with intention to kill him. They inflicted injuries on the head, hands and neck of the deceased and there was a profuse bleeding from the head, hands and neck of the deceased. When Laxman Singh, Mahendra Singh and Virendra Singh tried to rescue the deceased, they were threatened to meet the same fate, which the deceased met. Therefore, they could not go to rescue the deceased. After the incident immediately, the deceased was shifted to hospital and an FIR was lodged at Police Station Banera, District Bhilwara for offences under Sections 147, 148, 149, 307 of IPC.

4) The police during the course of investigation recorded the statement of Bhopal Singh (deceased) and also visited the scene of offence, prepared the scene of panchnama and recovered the incriminating material found at the scene of offence. On 09.09.1991, the deceased while undergoing treatment succumbed to his injuries and therefore, the offence was altered. The inquest was conducted over the body of the deceased and body was subjected to postmortem examination. On arrest, accused made disclosure statements under Section 27 of the Evidence Act under Exhibit-P/15 to P/21 and basing on such disclosure statements, the lathies (sticks) from each of the accused were recovered under Exhibit-P/22 to P/28. After investigation, the police found no role of Narayan Singh and for the remaining accused i.e. A-1 to A-7, the chargesheet was filed for offence under Section 147, 148, 149 and 302 of IPC.

5) Initially, the cognizance was taken against A-1 to A-7. Subsequently, basing on the evidence of PW-1 Laxman Singh, accused-Narayan Singh S/o Udai Singh (A-8) was summoned to face the trial. The prosecution in support of its case examined PW-1 to PW-12 and relied upon the documents Exhibit-P/1 to P/29.

Accused in support of their case examined DW-1 and DW-2 and relied upon the documents Exhibit-D/1 to D/7.

6) The trial court on the basis of evidence on record found that no case was made out against accused-Narayan Singh S/o Udai Singh (A-8) and accordingly, acquitted him of all the charges. Accused No.1 to 7 were also acquitted of the offence under Section 148 of IPC. However, accused No.1 to 7