Back
1993 Supreme(Raj) 395
High Court Of Rajasthan
Judgename : J.R.CHOPRA,R.P.SAXENA
KHUMAN SINGH - Appellant
Versus
STATE OF RAJASTHAN - Respondent
D. B. CRI. APPEAL 345 Of 1989
Decided On : 11/05/1993
D.R.BOHRA, M.N.Singhvi, SANDIP MEHTA
The court held that the prosecution must prove its case by adducing cogent and convincing evidence, and that in this case, the evidence was insufficient to prove the guilt of the accused-appellants beyond a reasonable doubt.
Headnote:
CRIMINAL APPEAL - [SECTION 148 AND 302/149 IPC] - [FACTS OF THE CASE] - [FINDING OF THE COURT] - [ISSUES] - [RATIO DECIDENDI] - [FINAL DECISION] - [MAIN LEGAL POINT]
Fact of the Case:
Shyamsingh, the President of the INTUC Union of the employees of the Banswara Syntex Mills, was attacked by 12 accused-appellants armed with swords, lathies, and other weapons. Shyamsingh was severely injured and later died in the hospital. Four eye witnesses claimed to have seen the occurrence.
Finding of the Court:
The court found that the FIR was a post-investigation document and that the testimony of the eye witnesses was unreliable. The court also found that the motive for the murder was not sufficient to cause the death of Shyamsingh and that the genesis of the crime was shrouded in mystery.
Issues: 1. Whether the FIR was a post-investigation document? 2. Whether the testimony of the eye witnesses was reliable? 3. Whether the motive for the murder was sufficient to cause the death of Shyamsingh? 4. Whether the genesis of the crime was shrouded in mystery?
Ratio Decidendi: 1. The court held that the FIR was a post-investigation document because it was lodged after the investigation had commenced and because the contents of the FIR were not consistent with the testimony of the eye witnesses. 2. The court held that the testimony of the eye witnesses was unreliable because they had given inconsistent statements, they had not seen the occurrence from a vantage point, and they had a motive to lie. 3. The court held that the motive for the murder was not sufficient to cause the death of Shyamsingh because the motive was based on a minor incident that had occurred between Shyamsingh and one of the accused-appellants. 4. The court held that the genesis of the crime was shrouded in mystery because there was no evidence to explain why the accused-appellants had attacked Shyamsingh.
Final Decision: The court acquitted the accused-appellants of the charges of murder and rioting.
J. R. CHOPRA, J
( 1 ) THIS appeal is directed against the Judgment of the learned Sessions Judge Banwara dated 21-8-1989, whereby learned Sessions judge has held that accused-appellants Khumanasing Nawalsingh, Bahadursing, Mansingh, Ramsingh, Mansingh S/o Budha Tejpalsingh, Kantilal, Raju, Abhaysingh and Ramdeosingh guilty of the offences under Sections 148 and 302/149 IPC and sentenced each of them to one years rigorous imprisonment for the offence, under S. 148 IPC and they have been further sentenced to life imprisonment together with a fine of Rs. 500. 00 each and in default of payment of this amount of fine, to undergo one months rigorous imprisonment for the offence under Section 302/149 IPC. Both these sentences were ordered to run concurrently.
( 2 ) THE facts necessary to be noticed for the disposal of this appeal briefly stated are : that this occurrence took place somewhere in between the gate of Banswara Syntex Mills and Khandu Gate on 24-3-1985 at about 7. 10 or 7. 15 a. m. The person who was seriously. injured and ultimately died was Shyamsingh, who was then President of the INTUC Union of the employees of the Banswara Syntex Mills. It is alleged that when Shyamsingh came out of the gate of the Banswara Syntex Mills and was proceeding towards Khandugate, all these 12 Accused-appellants out of whom, Natwarsingh, Bahadursingh and Ramdeosingh were armed with swords; Ramshigh Labana was armed with a Dhariya and Raju was armed with a Pharsi and other accused-persons were armed with lathies, came out from behind the Tea and Betel Cabins situated in between the gate of the Banswara Syntex Mills and Khandugate and conjointly availed deceased Shyamsingh. It is alleged that initially, accused appellant Natwarsingh struck, a blow on his face with his sword and thereafter, the other blow was given by accused Bahadursingh on his head with his sword and later, all the accused-persons inflicted blows to him from the weapons with which they were armed. Shyamsingh fell down. The accused-persons conjointly gave a lalkara that enemy should be killed otherwise he will take a revenge. It is alleged that accused Bahadursingh brought a big piece of stone and threw that piece of stone on his face and told that "i have taken my revenge". When PW5 Shivsingh, PW 7 Karansingh, PW 10 Gopal Singh and PW 11 Shyamsingh tried to intervene, the accused-appellants threw stone on them. However, when the second shift of the Banswara Syntex Mills was over and the labourers started coming out of the factory, the accused-persons ran away from the place of the occurrence.
( 3 ) IT is alleged that initially when Shyamsingh saw these accused-appellants armed with deadly weapons, he tried to run away towards Police lines but he was availed near the Tea Cabin of Bhanwarsingh, which is situated on the side of the police line whereas Kailash Pan Bhandar is situated towards the side of village Thikariya and in the north of the open space of Khandu Colony.
( 4 ) THESE accused-person; inflicted a number of injuries to Shyamsingh. It is alleged that this occurrence was seen by PW 5 Shivsingh, the first informant, PW 7 Karansingh, labour of the Banswara Syntex Mills, PW 10 Gopalsingh, a labourer of the Banswara Fabric and PW 11 Shyamsingh, another labourer of the Banswara Fabric. It is further alleged that after the accused-appellant ran away from the place of the occurrence, these four eye witnesses reached near the body of Shyamsingh. At that time, one empty Dumper was coming from the side of village Thikariya. They prevailed upon the driver of the Dumper to stop it. They put the body of Shyamsingh into it and alongwith him, all these four witnesses leached the M. G. Hospital Banswara where Shaymsingh was got admitted as an indoor patient. Thereafter, PW 5 Shivsingh was sent to report the matter to the police, where he lodged the written report Ex. P 14. On the Basis of that report, a formal FIR Ex. P 15 was drawn.
( 5 ) IT is alleged that the conditio
