[2023/RJJD/004548]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Appeal No. 317/1990

State of Rajasthan

----Appellant

Versus

1. Manna Singh S/o Kartar Singh

2. Baldev Singh S/o Kartar Singh

3. Pappi Singh S/o Dayal Singh

4. Mangi Singh S/o Dayal Singh

5. Dayal Singh S/o Dalip Singh

6. Tidda Singh S/o Bagga Singh

7. Sital Singh S/o Pritam Singh

by caste Majbi - all resident of of Chak 8 Q District Ganganagar

(Rajasthan)

----Respondents

For Appellant(s)

:

Mr. B.R. Bishnoi, Public Prosecutor

For Respondent(s)

:

Dr. RDSS Kharlia

HON'BLE MR. JUSTICE VIJAY BISHNOI

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment

09/02/2023

By the Court (Per Hon’ble Vijay Bishnoi, J)

This criminal appeal is preferred by the State assailing

the judgment dated 1.3.1990 passed by the Addl. Sessions

Judge No.1, Sri Ganganagar (for short ‘the trial court’) in

Sessions Case No.25/88 (64/87), whereby the accused

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(2 of 15)

[CRLA-317/1990]

respondents - Manna Singh, Baldev Singh, Pappi Singh,

Mangi Singh, Dayal Singh, Tidda Singh and Sital Singh have

been acquitted from the charges under Sections 148,

302/149, 307/149, 326, 324, 323/149, 302, 325 IPC.

Since this Court is in receipt of an information that the

respondent Nos.5 and 7 namely Dayal Singh and Sital Singh

respectively have died and the said fact is verified by the

learned Public Prosecutor on the basis of death certificates

issued by the concerned Gram Panchayat, the present

criminal appeal qua them has been ordered to be treated as

abated on 28.9.2022.

Brief facts of the case are that on 18.7.1987, at 8 AM,

Kaku Singh (PW-2) submitted an oral report at Police Station

Mathili Rathan, Distt. Sri Ganganagar stating therein that on

17.7.1983, in the evening, his father Buta Singh went to

Sarjeet Singh’s house and when he went there to call his

father, Sarjeet Singh and Buta Singh were sitting there. He

has stated that Dayal Singh is the neighbour of Sarjeet Singh,

who is having old enmity with them. He has further stated

that when he and his father were going towards their house,

then, suddenly the accused respondents, with a common

intention, came to Sarjeet Singh’s house alleging that Sarjeet

Singh’s son Kala Singh is having illicit relationship with one

Lacchad’s wife and they started searching for Kala Singh and

when they did not find him there, they attempted to assault

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(3 of 15)

[CRLA-317/1990]

Sarjeet Singh and his wife Sarjeet Kaur. When his father Buta

Singh tried to rescue them, the respondents Manna Singh,

Dayal Singh and Sital Singh all armed with gandasi, Baldev

Singh armed with lathi, Pappi Singh and Mangi Singh armed

with Kasiya and Tidda Singh armed with sela told that they

have an old enmity with Buta Singh and his sons as they

used to take Sarjeet Singh’s side. After saying this, with the

intention to kill, all of them surrounded his father Buta Singh

and thereafter respondent Pappi Singh inflicted a kassi blow

on the head of his father Buta Singh, on account of which, his

father fell down and all of them started beating his father

with the arms carried by them and killed him. It is stated by

Kaku Singh that when he tried to rescue his father Buta

Singh, then, Mangi Singh inflicted a kassi blow on his head,

due to which, blood oozed out. Thereafter, Mangi Singh again

inflicted a blow on his leg and Baldev Singh inflicted a lathi

blow on his left hand. On hearing hue and cry, his brother

Mahendra Singh (PW-4), Sarjeet Singh (PW-6), Sarjeet

Singh’s wife Sarjeet Kaur and Charanjeet Singh assembled

there, then, accused persons dragged his father’s dead body

towards their house and threaw it in the open ground. The

accused persons threatened that if anybody would go to the

police, he would meet the same fate as of Buta Singh. Kaku

Singh has further stated that on account of fear of the

accused persons, he did not report the matter to the police in