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2001 DIGILAW 697 (RAJ)

Panna Singh v. State of Rajasthan

2001-04-24

V.G.PALSHIKAR

body2001
JUDGMENT 1. - This appeal is filed by the accused-appellants challenging the judgment dated 18.7.1986 passed by learned Sessions Judge, Rajsamand in Sessions Case No. 54/84 convicting each accused under Sections 148, 308/84 324/149 and 325/149 Indian Penal Code sentencing them to under Section 148 Indian Penal Code 2 years R.I. and Rs. 500/- fine in default 6 months S.I. under Section 324/149 Indian Penal Code 1 year's R.I. under Section 325/149 Indian Penal Code-2 years R.I. and Rs. 500/- fine in default 6 months R.I. under Section 308/149 Indian Penal Code-3 years R.I. and Rs. 500/- fine in default 6 months R.I. 2. Appellant Madho Singh-further convicted for offence under Section 380 Indian Penal Code and sentenced to one year's R.I. with Rs. 250/- fine and in default 3 months S.I. All the sentences have been ordered to run concurrently for all the accused. 3. With the assistance of the learned Counsel for the accused-appellants and learned Public Prosecutor, I have scrutinised the record. 4. The prosecution story as it discloses from reappreciation of the evidence on record is that: on 11.5.1984 in the evening at about 7.00 p.m. one Gom Singh resident of Jetpura submitted an FIR at Police Station Bheem, stating therein that on 10.5.1984 at about 8.00 p.m. Gom Singh went to give food to Mahendra Singh, then he saw Champa and his brother Madho sitting at the house of Mahendra Singh. According to the information, Gom Singh came back to his house. At 9.00 p.m., when Daya Ram and Gom Singh carrying their bulls to take them water, they heard Mahendra Singh saying Madho and Champa that; "why are you catching hold me." At that time they also heard Champa saying that we should not remain alive the master and Daya Ram also came to his house and saw 7-8 persons coming from the backside of Mahendra Singh's house, they were armed with axes, and Lathies and started beating with Mahendra Singh. After beating Madho took gun of Mahendra Singh which was hanging on the wall of his house. On seeing this incident Gom Singh and Daya Ram cried and called for villagers to save him, thereupon assailants ran away. Noora and Amar Singh came there but none of them followed the accused because they had a gun. It is further mentioned in the FIR that Mahendra Singh sustained injuries as different parts. On seeing this incident Gom Singh and Daya Ram cried and called for villagers to save him, thereupon assailants ran away. Noora and Amar Singh came there but none of them followed the accused because they had a gun. It is further mentioned in the FIR that Mahendra Singh sustained injuries as different parts. He was taken to got him admitted in the hospital. 5. On the basis of this report, usual investigation was conducted and the case was committed to the Court of MJM, Bheem from where it was transferred to the Court of Sessions Judge, Rajsamand. The learned Sessions Judge, after going through the record, came to the conclusion of guilt and convicted the accused as aforesaid. 6. On reappreciation of evidence, I find that trial Judge in convicting the accused as aforesaid are just and proper, therefore, no interference, is necessary. Taking into consideration the fact that the accused are on bail for last 15 years, no fruitful purpose will be served by sending them to jail all over again. 7. In the result, therefore, the appeal succeeds partly and is partly allowed. The order of conviction is maintained. Sentence is reduced to that already undergone.Appeal partly allowed. *******