HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Criminal Appeal No. 170/1992

Bhola Singh S/o Banta Singh, by caste Jat Sikh, R/o 30 STG, P.S.

Pilibanga, District Sri Ganganagar

----Appellant

Versus

The State of Rajasthan

----Respondent

For Appellant(s)

:

Mr. S.K. Verma

For Respondent(s)

:

Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE FARJAND ALI

Judgment

23/09/2022

The appellant Bhola Singh has been convicted and

sentenced as below vide the judgment dated 23.04.1992 passed

by the learned Additional Sessions Judge No.2, Hanumangarh in

Sessions Case No.26/1989 :-

Offence for which convicted

Sentence and fine

Section 302 IPC and Section

201 IPC

Life imprisonment alongwith a

fine of Rs.100/-

He has filed the instant appeal under Section 374 (2)

CrPC for assailing the judgment of conviction and order of

sentences.

Briefly stated, facts relevant and essential for disposal

of the appeal are noted hereinbelow:-

The genesis of the case starts from a Missing Person

Report (Ex.P/3) lodged by the one Ramchandra at the Police

Station Pilibanga on 22.05.1988, wherein he alleged that his son

(2 of 9)

[CRLA-170/1992]

Shri Roshan Lal had gone to work in the fields on 19.05.1988, but

he did not return. He made a search amongst his relatives, but to

no avail. The Missing Person Report was registered in the

Roznamcha of the Police Station, but thereafter no further

information was forthcoming regarding the whereabouts of Shri

Roshan Lal. On 07.11.1988, Banta Singh (acquitted accused)

lodged a typed report (Ex.P/7) with the DySP, Hanumangarh

alleging inter alia that his son Bhola Singh, the appellant herein,

had gone to sleep on the terrace of their house on 19.05.1988. In

the morning of next day, an unidentified burnt dead body was

found in the courtyard. Shri Banta Singh gave information to Veer

Singh, Mota Singh and other residents of 10 STG and presuming

that the burnt dead body was of Bhola Singh, the remains were

cremated. However, a month before lodging of the report, Banta

Singh’s father-in-law Narayan Singh approached him and told him

that Bhola singh was alive. On this information, Banta Singh

proceeded to Punjab, where he met his son Bhola Singh. On

enquiry, Bhola Singh told the informant and Narayan Singh that as

a matter of fact, the person, who had been found dead in the

courtyard, was Roshan Lal S/o Ramchandra Mali, resident of

Lakhuwali and he (the appellant herein) had fled away fearing

retribution. Shri Banta Singh also stated in the report that he

went to the police station on number of occasions for reporting the

matter, but when he could not succeed, he was submitting a typed

report to the DySP. The said report was forwarded to the Police

Station Pilibanga, where formal FIR No.218 dated 08.11.1988

(Ex.P/10) was registered for the offences punishable under

Sections 302 and 201 IPC. Initially the investigation was

undertaken by the Circle Officer Shri Tekchand (P.W.11).

(3 of 9)

[CRLA-170/1992]

Thereafter, the investigation was assigned to Shri Kailashchand

(P.W.12), SHO, Police Station Pilibanga, who prepared the spot

documents. The accused appellant and the co-accused Banta

Singh and Gurucharan Singh were arrested. Acting in furtherance

of the disclosure statement (Ex.P/12) of the accused Bhola Singh,

a watch and a pair of shoes alleged to be of the deceased Shri

Roshan Lal were recovered. The place of incident was inspected

and the weapon of offence was also recovered. Finally a charge-

sheet came to be filed against the accused appellant and the co-

accused in the following terms :-

Name of the accused

Offence for which charged

Bhola Singh

Section 302 and 201 IPC

Banta Singh

Section 201 and 176 IPC

Gurucharan Singh

Section 201 and 176 IPC

As the offence under Section 302 IPC was Sessions

triable, the case was committed to the Co