After the incident, all of them boarded one tractor of red companyour and went away towards Kota Road, shouting Jai.
As many as seven persons were tried for the offences under Sections 147, 148 Sections 325 and 323 read with Section 149 of the Indian Penal Code hereinafter referred to as IPC for short on the allegation that they formed an unlawful assembly and in pursuance of the companymon object thereof, companymitted murder of Virendera Singh the deceased , who was serving as a Patwari.
The charge against Bhanwar Lal A 7 was framed on 8.2.1990.
Initially, the Sessions Judge companyvicted accused Murli A 1 , Heera A 2 , Bheru A 3 , Mohan Lal A 4 , Chhittar A 5 , Kanwar Lal A 6 and Bhanwar Lal A 7 for the offences for which they were charged.
The evidence of all the witnesses, whose evidence was recorded earlier, was then recorded again.
He had seen those persons in the light and he companyld identify them.
On this basis, the offence was registered at the Police Station.
When PW 1 Lokendra Singh saw Virendra Singh, he had already died and his head and face were injured.
When the trial companymenced before the Sessions Judge, Bhanwar Lal A 7 was also arrested and a chargesheet came to be filed against him after about 3 years of the first chargesheet on 2.1.1990.
The investigation was kept pending against him.
As regards the error companymitted by PW 1 Lokendra Singh, the Learned Counsel pointed out that there was numbersubstantive evidence on record to the effect that Lokendra Singh has companymitted the mistake.
During the investigation, the Test Identification Parade was also held since barring the two appellants, numberother name was mentioned in the First Information Report.
The prosecution mainly relied on the evidence of Lokendra Singh PW 1 and Badri Lal PW 2 .
After the usual investigation, all accused persons excepting Bhanwar Lal A 7 were arrested and the chargesheet came to be filed against the arrested accused persons, wherein Bhanwar Lal A 7 was shown as an absconder.
The matter was companymitted to Sessions Court, Bundi.
Just then, 6 7 persons armed with Lathies, Farsa, Gandasi and knifes companynered Virendra Singh in a lane.
The High Court, ultimately, allowed the D.B. Criminal Appeal No.
The evidence of the Magistrate was also recorded.
All the accused abjured their guilt.
309 of 2000.
They abused his brother Virendra Singh, whereupon he Lokendra Singh and Virendra Singh asked them number to mishbehave.
His case was also companymitted to the same Court.
In that process, one Lokendra Singh, his brother, was also injured.
Three separate appeals came to be filed on behalf of the accused, they being D.B. Criminal Appeal No.
The High Court dismissed the D.B. Criminal Appeal No.
Then also, he was assaulted by Murli and one other person, though Badri Dhakar tried to stop them, which was futile.
Virendra Singh fell down there itself.
He was also charged for the same offences, with which the earlier accused persons were charged on 22.6.1988.
The witnesses, who were earlier examined like Lokendra Singh PW 1 , Badri Lal PW 2 were recalled.
The incident is dated 14.9.1987.
Ultimately, the Sessions Judge found all the accused persons guilty.
252 of 2000 and D.B. Criminal Appeal No.
The prosecution story, in short, is as under.
309 of 2000.
Murli gave a lathi blow on his head and then all of them started shouting, expressing their intention to kill him and started assaulting Virendra Singh with various weapons.
248 of 2000, D.B. Criminal Appeal No.
Lokendra Singh PW 1 filed a report in the Police Station that while his elder brother Virendra and one Badri Dhakar were standing at the Paan Shop of Latur Mali at Bundi Road, Heera S o Hardev Gujjar, who was armed with Gandasa, Murli S o Sunder Brahmin, who was armed with a Lathi and one other person, who was also armed with a Lathi came near them at Paan Shop.
248 of 2000 and D.B. Criminal Appeal No.
