AI Structured Summary
Not yet generated for this judgment
Judgment
Learned Additional Sessions Judge No.1, Bhilwara,
under the judgment dated 4.11.2011, recorded conviction of
accused appellant Bhanwar Singh for the offence punishable under
Section 302 Indian Penal Code inter-alia and awarded sentence to
undergo life term imprisonment with a fine of Rs.1000- with
default stipulation. The other accused have been convicted for the
offence punishable under Section 302 / 149 Indian Penal Code
inter-alia and are also convicted to undergo life term
imprisonment with fine stipulation.
The argument advanced on behalf of the appellant is
that even by accepting the prosecution case, the crime said to be
committed by accused Bhanwar Singh does not travel beyond an
offence punishable under Section 304 Part-II Indian Penal Code.
According to learned counsel no evidence is available on record to
establish intention of the accused to kill Shri Banshi Singh. It is
further submitted that the other accused persons could have not
been convicted for the offence punishable under Section 302 / 149
Indian Penal Code as there is no evidence to establish common
object to commit the crime in question.
The factual matrix necessary to be noticed to
adjudicate the instant appeal is as follows:-
At the instance of injured Shri Ghanshyam Singh a
criminal case was lodged at Police Station Raipur on 17.8.2010 at
09:30 AM. As per the facts averred in the first information report
(Ex.P/1) on 17.8.2010 at about 08:30 AM Shri Ghanshyam Singh
was standing outside a temple and his father Shri Banshi Singh
was moving towards Choudhary''s colony to have butter milk. Shri
Ghanshyam Singh heard screams of Shri Banshi Singh, therefore,
he alongwith Madhav Singh, Madan Singh and Gokal Singh rushed
towards the direction wherefrom the screams were coming.
Outside the house of Mishrilal Badwa Ghanshyam Singh and his
other companions saw that accused Bhanwar Singh, Gotu Singh,
Samarath Singh, Smt. Badami, Smt. Tara and Smt. Mamta all
armed with iron rods, lathis and kulharis were beating Banshi
Singh. An injury on the head of Banshi Singh was caused by
Bhanwar Singh with the aid of iron rod. Banshi Singh then was
taken to the hospital but he died in transit.
The investigating agency after completing the
investigation submitted a report charging accused Bhanwar Singh
for the offences punishable under Sections 148, 323 / 149, 325 / 149
and 302 Indian Penal Code. Other accused persons viz. Gotu
Singh, Samarath Singh, Smt. Badami, Smt. Tara and Smt. Mamta
were charged for commission of offences punishable under Section
148, 323 / 149, 325 / 149 and 302 / 149 Indian Penal Code. On denial
of charge, trial commenced.
The prosecution supported its case with the aid of 17
witnesses out of whom Ghanshyam Singh (PW-1), Madhav Singh
(PW-2) and Madan Singh (PW-4) were cited as eye witnesses. Dr.
Ghanshyam Chawla (PW-14) adduced medical evidence and Shri
Ajay Kant (PW-16) narrated all the steps taken during the course
of investigation being Investigating Officer. Several documents and
articles too were examined during the course of trial. An
opportunity was given to all the accused persons including
accused appellant Bhanwar Singh to explain adverse
circumstances available in the prosecution evidence. The accused
denied the same with specific stand that they have been falsely
implicated in the case concerned. As per accused appellants the
deceased and his family members were aggressor and they
attacked upon him.
Learned trial court on basis of the evidence available on
record convicted appellant Bhanwar Singh and awarded the
sentence in question.
We have examined the entire evidence available on
record minutely.
At the threshold we would like to refer the medical
evidence adduced by Dr. Ghanshyam Chawla (PW-14). As per this
witness, deceased Banshi Singh was having a punctured wound
measuring 1/4 cm x 1/4 cm x 1/4 cm without any ligature mark. As
per this witness no other external injury was available on the body
of deceased Banshi Singh. On opening of skull, blood clotting in
the frontal region was noticed and the membrane in the same
region was also found torned. The cause of death was coma
resulting from extensive head injury which was antemortem in
nature. The medical evidence clearly indicates that the deceased
was having a single injury on his head and that was the cause of
death.
As per eye witnesses the head injury was caused by
accused Bhanwar Singh. The injured eye witness Ghanshyam
Singh (PW-1) and Madhav Singh (PW-2) though have not
disclosed how the entire incident occurred, but as per them head
injury was caused by Bhanwar Singh. The head injury on its face
is having very short measurements and whatever effect that is
having is of internal nature. No evidence as a matter of fact is
available on record to establish that the appellant Bhanwar Singh
was intending to cause death of Shri Banshi Singh. In absence of
that the only finding that could have been given is that accused
Bhanwar Singh inflicted fatal injury on the head of deceased
Banshi Singh but he was not having any intention to kill him and
as such the crime committed does not travel beyond an offence
punishable under Section 304 Part-II Indian Penal Code.
So far as other accused persons are concerned, their
conviction has been recorded with the aid of Section 149 Indian
Penal Code. On examination of entire evidence we do not find any
material to establish common object to commit the crime in
question. In view of it, the conviction of all the accused persons
including Bhanwar Singh is not justifiable for the offences
punishable under Sections 323 and 325 Indian Penal Code i.e.
recorded with the aid of Section 149 Indian Penal Code. The
conviction of the accused persons other than Bhanwar Singh for
the offence punishable under Section 302 / 149 Indian Penal Code
is also bad for the same reason. Suffice to mention that the
prosecution witnesses have categorically stated that the accused
persons were participating in rioting with deadly weapons and as
such that stands established without any doubt. However, their
participation in the offence pertaining to rioting being armed with
weapon that could have been used to cause death is established,
hence their conviction under Section 148 Indian Penal Code
deserves to be affirmed.
In view of it, this appeal deserves to be allowed in part.
Accordingly the conviction of accused Bhanwar Singh for the
offence punishable under Section 302 Indian Penal Code is
modified for the offence punishable under Section 304 Part-II
Indian Penal Code. His sentence too is accordingly modified from
life imprisonment with fine of Rs.1000/- to the rigorous
imprisonment for a period of seven years with fine of Rs.1000/-
with default stipulation as mentioned by the trial court. The
conviction of all the accused persons other than Bhanwar Singh for
the offence punishable under Section 302 / 149 Indian Penal Code
is set aside so also the sentence awarded. The conviction of all the
accused persons for the offences punishable under Sections
323 / 149 and 325 / 149 Indian Penal Code is set aside, hence the
sentence awarded too is quashed. The conviction of all the
accused persons for the offence punishable under Section 148 Indian Penal Code is affirmed so also the sentence awarded. All
the appellants have already undergone the sentence, hence they
be released from State custody forthwith, if not required
otherwise.