Rajasthan High Court - Jodhpur
Mahaveer Singh And Ors vs State Of Rajasthan on 15 October, 2025
Author: Farjand Ali
Bench: Farjand Ali
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 287/1993
1. Mahaveer Singh son of Amar Singh
2. Shambhu Singh son of Amar Singh, resident of Desu, Tehsil
and District Jalore
3. Balveer Singh son of Inder Singh, resident of Harji, Tehsil
Ahore, District Jalore
----Appellant
Versus
State of Rajasthan
----Respondent
Connected With
S.B. Criminal Appeal No. 512/1993
State Of Rajasthan
----Appellant
Versus
1. Puran Singh son of Balwant Singh, resident of Dechu, P.S.
Nosra, District Jalore
2. Jaswant Singh son of Shri Amar Singh, resident of Guda
Ramsingh, District Pali
3. Balveer Singh son of Inder Singh, resident of Dichhna, P.S.
Nava, at Present R/o Harji, P.S. Ahore, District Jalore
4. Shambhu Singh son of Amar Singh, resident of Dechu, P.S.
Nosra, District Jalore
5. Mahaveer Singh son of Amar Singh, resident of Dechu, P.S.
Nosra, District Jalore
6. Bhanwar Singh son of Sugan Chand, resident of Binjasar,
District Sikar
----Respondent
For Appellant(s) : Ms. Khushi Sharma, Amicus Curiae
Mr. P.S. Champawat
For Respondent(s) : Mr. S.S. Rathore, DyGA
Mr. Suresh Kumbhat
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HON'BLE MR. JUSTICE FARJAND ALI
Judgment
Judgment pronounced on : 15/10/2025
Judgment reserved on : 18/07/2025
1. These two appeals arise out of the same judgment dated
04.08.1993 passed by the learend Sessions Judge, Jalore in
Sessions Case No.3/1990, whereby accused Pooran Singh,
Jaswant Singh, Balveer Singh, Shambhoo Singh, Mahaveer Singh
and Bhanwar Singh have been acquitted from the charges under
Sections 148 and 307 read with section 149 of the IPC, however,
accused Mahaveer Singh, Balveer Singh and Shambhoo singh
have been convicted for the offence under Section 324 of the IPC
and each of them has been sentenced to undergo rigorous
imprisonment of three months and to pay a fine of Rs.100/- and in
default of payment of fine, they would have to undergo simploe
imprisonment of 15 days.
2. While Appeal No.287/1993 has been preferred by the
appellants Mahaveer Singh, Shambhoo Singh and Balveer Singh
being aggrieved by their conviction and sentence for the offence
under Section 324 of the IPC, the State Appeal bearing
No.512/1993 has been preferred against acquittal of the accused
persons from the charges under Sections 148 and 307 read with
section 149 of the IPC.
3. On 17.07.2025, when the matter was listed before the court,
no one appeared on behalf of the accused-appellants even in the
second round and therefore, Ms. Khushi Sharma, Advocate, was
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appointed as Amicus Curiae to assist the court in S.B. Criminal
Appeal No.287/1993. When the matter was again listed on
18.07.2025 for hearing, learned counsel Mr. P.S. Champawat
appeared on behalf of the appellants. Both the counsel Ms.
Khushi Sharma and Ms. P.S. Champawat were allowed to argue
the appeal jointly on behalf of the accused-appellants.
4. Briefly stated, facts of the case are that on 27.03.1989,
statement of injured Shiv Kumar was recorded by the police
officer at Government Hespital, Jalore in which he stated that on
27.03.1989 at about 11.00 a.m. while he was going to his shap
situated at Bus Stand, Jalore, Narpat the owner af the O.K. Guest
House called him so he want to him and while he was talking with
Narpat at the Bus stand 5-6 boys were standing and were pointing
him. He told Narpat that these persens may beat him. Narpat
assured that they will not beat him here and when he was
returning, near Nakada Sweet Home, Mahaveer Singh, Balveer
Singh and Shambhu Singh, who are appellants herein, and 3 other
accused persens came there. The three accused appellants were
having knife in their hands and the other accused persens were
empty handed. Upen seeing them, he entered the O.K. Guest
House, but Balveer Singh, Mahaveer Singh and Shambhu Singh
pulled him out and inflicted knife blows in his stomach. Mahaveer
Singh's brother, who was having Dheti, inflicted a blow on his head
and the other accused persens inflicted fist blows on his eyes. He
fell down, whereafter the accused persens started beating him
with fists and kicks, whereafter, he became unconscious. When he
regained his consciousness, Narpat told him that on his shouting,
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the accused persens ran away. He had further narrated that he
could identify the remaining three accused persons, if they were
shown to him. It was alleged that these accused persons had
inflicted injuries with an intention to kill him. Upon this statement,
C.R. No.78/1989 for the offences under Sections 147, 148, 307,
324, 323, 341 & 149 I.P.C. was registered at the Police Station
Jalore. After usual investigation, the police filed a charge-sheet
against thre accused persons before the concerned Magistrate,
from where the case was committed to the Sessions Judge. The
learned trial court framed charges agaisnt the accused persons.
During the course of trial, 16 witnesses were examined and 35
documents were exhibited. The accused in their statement under
Section 313 of the CrPC denied the allegations and pleaded false
implication. No evidence was produced from the defence side.
The learned trial court after hearing the arguments of the parties
and appreciating the evidence recorded, passed the impugned
judgment dated 04.08.1993, whereby accused Pooran Singh,
Jaswant Singh, Balveer Singh, Shambhoo Singh, Mahaveer Singh
and Bhanwar Singh have been acquitted from the charges under
Sections 148 and 307 read with section 149 of the IPC, however,
accused Mahaveer Singh, Balveer Singh and Shambhoo singh
have been convicted and for the offence under Section 324 of the
IPC.
5. Learned counsel for the accused-appellants submits that
none of the eye-witnesses of the incident and the recovery
witnesses, other than the injured witness Shiv Kumar (P.W.16)
have corroborated the prosecution story. The prosecution story
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rests upon the testimony of the injured witness Shiv Kumar, but
there are grave inconsistencies and contradictions in his statement
and he has implicated the appellants only in order to settle his
personal vengencane. Learned counsel pointed out number of
other discrepanceis in the prosecution case and prayed for
acquittal of the appellant. The alternative prayer of the learned
counsel for the appellants is to grant benefit of Section 360 of the
CrPC to the appellants for releasing them on probation.
6. Learned Public Prosecutor while arguing the appeal against
acquittal of the respondents from the charges under Sections 148
and 307 read with section 149 of the IPC contended that the
learned trial court has not properly appreciated the evidence
available on record because the FIR as well as the statement of
the injured witness makes it abundantly clear that all the accused
persons, who have been named in the FIR, formed an unlawful
assembly and attacked the victim with a common object to cause
such bodily injuries, which may cause death. Out of the total 11
injuries caused to the victim, 8 were caused by sharp edged
weapon and most of them were on vital parts. The prosecution
has proved the acse against the respondents beyond a reasonable
doubt. With these submissions, learned Public Prosecutor has
prayed for conviction of the appellants for the offences under
Sections 307, 148 and 149 of the IPC.
7. Heard learned counsel for the parties and perused the
record.
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8. The case pertains to an incident of the year 1989, wherein
victim Shiv Kumar was assaulted by the accused-appellants.
Ample evidence is there on record to substantiate the charge
under Section 324 of the IPC. The allegation that the appellants
made assault over the victim Shiv Kumar and knife was stabbed
into his abdomen. The statement of victim clearly establishes the
culpability of the appellants for causing injuries to him. The
medical evidence, particularly the statement of Dr. Anil Kumar
Aggarwal (P.W.9) and the statement of the Investigating Officer,
who made reocvery of knife and other material corroborating the
testimony of the victim. Nothing has come out from the cross-
examination of these witnesses, which may negate the charges or
cause any doubt over credibility of the prosecution witnesses.
Hence, so far as the conviction of the accused-appellants for the
offence under Section 324 of the IPC is concerned, there is no
merit in their appeal.
9. So far as the sentence awarded to the appellants is
concerned, there is substance in the submissions made by learned
counsel for the appellants that the case is very old as it pertains to
the year 1989 and a long period of almost 36 years have elapsed,
during which the appellants have suffered mental agony and
hardships due to pendency of criminal case; it was the first
offence committed by them; they have remained behind the bars
for 15 days during trial and no fruitful purpose would be served by
sending them to prison at this stage. However, giving the benefit
of probation to the accused after such a long period would not be
appropriate. In such circumstances, this court is of the considered
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opinion that the ends of justice would be met by reducing the
sentence awarded to the accused-appellants for the offence under
Section 324 of the IPC to the period already undergone by them in
this case. Presently, they are on bail. They need not surrender.
Their bail bonds are discharged. The appeal preferred by the
accused appellants, being S.B. Criminal Appeal
No.287/1993, is accordingly allowed in part and while
affirming the judgment of conviction, the sentence
awarded to them is modified in the above terms.
10. Now coming to the appeal preferred on behalf of the State
against acquittal of respondents from the charges under Section
307, 149 and 149 of the IPC and conviction of the three
respondents for the offence under Section 324 IPC only, this court
is of the view that the evidence brought on record is manifesting
that there was no intent of the respondents to kill the victim,
rather to cause injuries to him and the issue above has been very
aptly and elabortely discussed by the learned trial court. The
intention is a mental state and no physical evidence can be
brought on record since it is comprehensible and inferable from
the circumstances, evidence, nature of injuries, number of
injuries, kind of weapon, part of body etc. From the material
available on record, there seems no pre-meditation or pre-plan.
No repeated injureis were caused and it was only a single blow.
Allegedly there were six attackers and the victim was alone, but
despite having dominion position, no efforts were made to inflict
more injuries. These among the others are the circumstances
showing that there was no intent to kill the victim. There is no
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evidence available on record to implicate the three respondents
who were exonerated by the trial court. After thorough
appreciation of the material available on record, this court is of the
considered view that the judgment passed by the learend trial
court does not suffer from any error, irreguarlity or perversity to
make interference in this appeal. Hence, the appeal preferred
by the State, being S.B. Criminal Appeal No.512/1993 is
dismissed as being devoid of merit.
11. All pending applications are disposed of.
(FARJAND ALI),J
150-Pramod/-
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