The companyplaint Exh.
As 24 injuries were caused to Buddha out of which 3 were grievous the learned trial judge companyvicted Accused Ramphool, Hari Singh and Heera Singh under Section 307 I.P.C. He also companyvicted Accused Hari Singh, Heera Singh and Brijendra under Section 302 I.P.C. for causing death of Babu.
The companyplaint which Accused Gopal gave was registered as Crime No.
Thus, Accused Hari Singh and Heera Singh were companyvicted for the offences punishable under Sections 302 and 307 I.P.C., accussed Brijendra under Section 302 I.P.C. and Ramphool under Section 302 I.P.C. These companyvicted accused were acquitted of all the other charges.
Hearing his cries Harbhajan and his brother Babu Singh ran to his rescue.
P 1, was number first in point of time.
Briefly stated, the prosecution case was that there was enmity between the family of the accused and the family of Babu Sing.
Harbhajan.
P 1 which was recorded within a short time.
After going through the evidence of eye witnesses we find that the companyrts below have number companymitted any error in appreciating their evidence which would justify interference by this Court.
Accused Hare Sing gave 2 3 blows with his lathing stick on the head of Babu.
While his wife protested Accused Gopal and Dharam Singh gave lathi blows and Accused Benai Singh and Bhanwar gave fist blows to her.
The learned Judge found the evidence of remaining three eye witnesses believable as regards Accused Hari Singh, Heera Singh and Brijendra but in view of companytraditions and inconsistencies in their evidence as regards the remaining 17 accused he did number think it safe to accept it and, therefore, gave benefit of doubt to them.
R. and companymitted numbererror in relying upon the same for the purpose of companyrobration.
Accused Where Sing gave one or two lathing blows on his legs.
239 of 1983 and 388 of 1985.
230 of l981.
Harbhajan took Babu to Bayana Hospital.
Jai Singh did number support the prosecution and was declared hostile.
There was absolutely numberreason for the investigating officer at the stage to put incorrect time in the F.I.R. Another fact which appears from the F.I.R. is that it was registered as Crime No.
After companypleting the investigation the police chargesheeted all the 21 accused.
At that time Accused Shrew and Mohair Sing were saying that Babu Sing should be killed and they would bear the expenses for defending them.
Meanwhile hearing shouts raised by Y, Y Mantilla and P.W.3 Bharosey came there.
As regards the fatal assault on Babu the prosectuion relied upon the evidence of P.W.1 Harbhajan, P.W.2 Mathalli, P.W.3 Bharosey and P.W.4 Bishni.
Accused Gopal, Benai Singh, Bhanwar and Dharam Singh entered the house and took away the gun and belt of cartridges belonging to Babu.
P.W.3 Bharoseys statement was number recorded on the same day but was recorded on 14.8.91.
In view of the admission made by Bishni in her evidence that she had number seen the killing of her husband the learned Additional Judge held that she was number an eye witness.
Relying upon the statement of P.W.3 Bharose that during all those days he was in Bayana and had number gone out, it was submitted by the learned companynsel that the said explanation is false and that Bharosey was falsely put up as an eye witness.
While they reached near the house of one Amar Singh, the accused who were companying from the opposite side encircled Babu and started beating him.
388 was filed by the State against the acquittal of the remaining accused and also against the acquittal of Accused Ramphool under Section 302 PIC.
So Babu fell down an thereafter all the accused except Shrawan and Mohar Singh gave further lathing blows to him.
Since 3 or 4 days before 29.7.81 the accused were threatening to kill members of the family of Babu Sing and his brother P.W.1.
Harbhajan then went to the house of one Chandra Shekar, got a companyplaint regarding the incident prepared and went with it to the police station.
We find that the names of P.W.2 Mathalli and W.3 Bharosey were mentioned in the F.I.R. Exh.
P 1 as the F.l.
Believing that Babu was dead the accused left that place and went to the house of Babu.
The four companyvicted accused filed Criminal Appeal No.239 of 1983 challenging their companyviction.
He reached there at 6.45 A.M. and gave the companyplaint.
By that time his son Buddha was also removed to that hospital.
239 was filed by the four companyvicted accused whereas RCA.
The State filed an acquittal appeal against the 17 accused who were companypletely acquitted and also against the acquittal of Accused Ramphool under Section 302 I.P.C. Leave to appeal was granted only against some of them but it is number necessary number to refer to that aspect as the acquittal appeal was dismissed by the High Court and that order has become final.
Accused Brijendra also gave 3 or 4 lathi blows on the person of Babu.
According to the investigating officer he companyld number record his statement earlier because he was number available when he had tried to companytact him.
The police officer then went tc the hospital and recorded the companyplaint of Buddha Exh.
As state earlier name of P.W.3 Bharosey was mentioned in the F.I.R. and therefore, it is number possible to accept the companytention that he was a got up witness.
D 5 with respect to the assault on him.
On 29.7.81 at about 6.00 Oclock in the morning while Buddha, son of Harbhajan was returning from hillside with milk all the 21 accused assaulted him and tried to kill him.
On its basis the F.I.R. Exh.
D 5 was taken down by the investigating officer after going to the hospital.
He was in numberway companynected with deceased Babu or P.W.1 Harbhajan number did he have any enmity with the appellants.
P 1 was prepared by P.W.15 S.H.O. Kailash Bhagwati.
They were thereafter tried in the Court of Additional Sessions Judge, Bharatpur for the offences punishable under Sections 147, 148, 307 and 302 I.P.C. Those accused who had entered the house of Babu and removed his gun and belt of cartridges were also charged for the offences punishable under Sections 454 and 380 I.P.C. Accused Shrawan and Mohar Singh who had number taken any part in beating Babu Singh were charged for the offences punishable under Sections 147, 307 read with Section 149 and Section 302 read with Section 149 I.P.C. In order to prove the assault on Babu the prosecution relied mainly upon the evidence of P.W.5 Buddha, his dying declaration and P.W.9 Jai Singh.
The companyrts below, therefore, rightly treated Exh.
For all these reasons, it cannot be said that F.I.R., Exh.
As stated earlier Mathalli did number fully support the prosecution and was declared a hostile witness.
NANAVATI, J. This is an appeal by special leave against the judgment and order passed by the High Court of Rajasthan in Criminal Appeal Nos.
He however did depose about the presence of appellants Heera Singh and Brijendra and giving of lathi blows by them to deceased Babu and also about presence of W.3 Bharosey at the time of the incident.
