Advocates:
['DOONGAR SINGH', '', 'SAPNA VAISHNAV - AMICUS CURIAE', 'PP', '', 'SHIV KUMAR BHATI- PP', 'SG OJHA', 'KL THAKUR']

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S. B. Criminal Appeal No. 240/1990

Prem Singh son of Sujan Singh, by caste Rajput, R/o Bankil,

District Pali

(At present in Central Jail at Jodhpur)

----Appellant

Versus

State of Rajasthan

----Respondent

For Appellant(s)

:

Mrs. Sapna Vaishnav, Amicus Curiae

For Respondent(s)

:

Mr. S.K. Bhati, Public Prosecutor

JUSTICE DINESH MEHTA

Judgment

Reportable

11/11/2022

1.

The present criminal appeal under Section 374(2) of the

Code of Criminal Procedure, 1973 (hereinafter referred to as “the

Code”) has been filed against the judgment and sentence dated

31.07.1990 passed by Additional Sessions Judge, Bali (hereinafter

referred to as “the trial Court”) in Sessions Case No. 18/1988.

2.

The facts as stated in the F.I.R. are that at 9 am on

26.03.1988, one Chunaram @ Chuniya (hereinafter referred to as

“the complainant”) and some of his family members went to the

field co-farmed by them and the appellant, and the women

accompanying Chuniya started to clean the harvest of mustard

seeds (Raida), to which the appellant objected. The appellant

threatened the complainant and his accompaniers of dire

consequences and left the field.

(2 of 20)

[CRLA-240/1990]

3.

The appellant, along with other co-accused viz., Mang Singh,

Kundan Singh, Bheek Singh, Hukam Singh and Footar Mal,

returned with lathis and iron pipes and engaged in a violent scuffle

with the complainant and others namely Jana, Kanaram, and

Dharmaram.

4.

A report in the Roznamcha (Ex. P-5) was recorded at the

instance of the complainant at 12:15 pm on the same day noticing

that the appellant and other co-accused persons assailed him and

his accompaniers with the intent of killing them. On the basis of

such report, a case under sections 307, 147, 148, 149, 447 and

323 of the Indian Penal Code (hereinafter referred to as “IPC”)

came to be registered against the accused persons.

5.

During the investigation, medical examination of the injuries

of Chunaram, Dharmaram, Kanaram and Jana was got conducted

by the police. As fate would have it, Jana succumbed to his

injuries and passed away, whereafter, a postmortem report was

obtained in relation to Jana and section 302 of IPC was

accordingly added to the case.

6.

On 06.05.1989, the trial court framed following charges

against the accused persons under sections 447, 148, 302,

323/149, 325 of IPC as the accused persons had pleaded “not

guilty” and claimed a trial :-

“(i) You committed unauthorized criminal

encroachment in the possession of Chuniya

Kumhar resident of Banwli at 9 am on 26-3-

1988 and thus, you committed an offence

punishable under section 447 of the Indian

Penal Code.

(3 of 20)

[CRLA-240/1990]

(ii)

You, in consultation with your other five

co- accused on the said date, at the said time

and at the said place, formed an unlawful

assembly, armed with deadly weapons, for the

fulfillment of the common objective and thus

you have committed the offence of section

148 of the Indian Penal Code.

(iii)

With the intention of killing injured Jana

on the said date, the said time and the said

place, you hit him with an iron pipe and

injured him in the head due to which he died

and by beating him up with an ordinary blunt

object intentionally, you have committed an

offence punishable under 302 Indian Penal

Code.

(iv)

You were a member of the unlawful

assembly at the said time and place on the

said day, in the fulfillment of the common

objective of the unlawful assembly, Hakji,

Footarmal, Kundan Singh, Mang Singh and

Bhik Singh beat up Dharma and Kana with

blunt weapons due to which Dharma got

simple injuries while Kana got simple &

grievous injuries. Being a member of the

unlawful assembly, you are also responsible

for the act of your co-accused under section

149 of the I