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Bhopal Singh vs State
2025 Latest Caselaw 13362 Raj

Citation : 2025 Latest Caselaw 13362 Raj
Judgement Date : 17 September, 2025

Rajasthan High Court - Jodhpur

Bhopal Singh vs State on 17 September, 2025

Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:38790-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                D.B. Criminal Appeal No. 275/1988

Narpat Singh S/o Prabhu Singh
Resident of Sevatalao, Tehsil Bali, District Pali (Rajasthan)
                                                                      ----Appellant
                                       Versus
State of Rajasthan
                                                                    ----Respondent
                                 Connected With
                D.B. Criminal Appeal No. 228/1988
1. Prabhu Singh S/o Guman Singh, Resident of Sevtalao
2. Gena Ram S/o Pithaji, Resident of Juna
3. Pannalal S/o Pemaji, Resident of Village Mundara
    All Residents of Tehsil Bali, District Pali (Rajasthan)
                                                                      ----Appellant
                                       Versus
State of Rajasthan
                                                                    ----Respondent
                D.B. Criminal Appeal No. 239/1988
1. Bhopal Singh S/o Shri Sher Singh
2. Ranjeet Singh S/o Shri Bhopal Singh
3. Inder Singh S/o Shri Bhopal Singh
    All Residents of Sevtalao, District Pali (Rajasthan)
                                                                      ----Appellant
                                       Versus
State of Rajasthan
                                                                    ----Respondent
                D.B. Criminal Appeal No. 244/1988
1. Madan Singh S/o Shri Bhopal Singh
2. Yashpal Singh S/o Bhopal Singh
    All Residents od Sevtalab, Tehsil Bali, District Pali (Rajasthan)
                                                                      ----Appellant
                                       Versus
State of Rajasthan
                                                                    ----Respondent


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                D.B. Criminal Appeal No. 276/1988
Bhopal Singh S/o Guman Singh Rajpurohit
Resident of Sevtalab, Tehsil Bali, District Pali (Rajasthan)
                                                                      ----Appellant
                                       Versus
State of Rajasthan
                                                                    ----Respondent
                D.B. Criminal Appeal No. 220/2005
Bhanwar Singh S/o Prabhu Singh
Resident of Sevtalab, Tehsil Bali, District Pali (Rajasthan)
                                                                      ----Appellant
                                       Versus
State of Rajasthan
                                                                    ----Respondent


For Appellant(s)             :     Mr. Vineet Jain, Senior Advocate
                                   assisted by Mr. Rajiv Bishnoi
                                   Mr. Sanjay Mathur
                                   Mr. Mridul Jain
                                   Mr. L.D. Khatri
                                   Mr. Mahesh Thanvi
For Respondent(s)            :     Mr. Pawan Bhati, Public Prosecutor
                                   with
                                   Mr. Ramesh Dewasi, Public Prosecutor
                                   Mr. Suresh Kumbhat with Mr. Sheetal
                                   Kumbhat



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE SANDEEP TANEJA

Judgment

Reserved on 29/07/2025 Pronounced on 17/09/2025

Per Dr. Pushpendra Singh Bhati, J:

1. The instant criminal appeals, being D.B. Criminal Appeal Nos.

275/1988, 228/1988, 239/1988, 244/1988 and 276/1988, have

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been preferred under Section 374(2) Cr.P.C. by the accused-

appellants, namely, Narpat Singh S/o Prabhu Singh, Prabhu Singh

S/o Guman Singh, Gena Ram S/o Pithaji, Pannalal S/o Pemaji,

Bhopal Singh S/o Sher Singh, Ranjeet Singh S/o Bhopal Singh,

Inder Singh S/o Bhopal Singh, Madan Singh S/o Bhopal Singh,

Yashpal Singh S/o Bhopal Singh, and Bhopal Singh S/o Guman

Singh Rajpurohit, assailing the judgment of conviction and order

of sentence dated 19.05.1988 passed by the learned Sessions

Judge, Pali, in Sessions Case No. 58/1984 (State of Rajasthan Vs.

Narpat Singh & Ors.).

1.1. Alongside, D.B. Criminal Appeal No. 220/2005 has been

preferred under Section 374(2) Cr.P.C. by accused-appellant

Bhanwar Singh S/o Prabhu Singh against the judgment of

conviction and order of sentence dated 19.02.2005 passed by the

learned Additional Sessions Judge, Bali, District Pali, in Sessions

Case No. 70/1999 (State of Rajasthan Vs. Bhanwar Singh).

1.2. It is pertinent to note that although both judgments of

conviction and sentence arose out of the same incident, the trials

were conducted separately on account of the fact that accused-

appellant Bhanwar Singh remained absconding during the initial

proceedings and was apprehended at a later stage. Hence, upon

his arrest, a separate trial came to be conducted against him.

1.3. In these circumstances, since both sets of proceedings

emanate from the same occurrence, the present appeals have

been heard together and are being decided by this common

judgment. For the sake of convenience, the facts as recorded and

considered in the judgment dated 19.05.1988 shall be taken as

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the factual foundation, and the present judgment in the appeals

against the said judgment of conviction and order of sentence

shall equally govern and apply also to the appeal preferred by

accused-appellant Bhanwar Singh.

2. In the aforesaid background, it is considered appropriate to

first notice the convictions recorded and the sentences awarded to

the accused-appellants by the learned Trial Court, which are as

under:

2.1. Accused-appellants Narpat Singh S/o Prabhu Singh, Prabhu

Singh S/o Guman Singh, Bhopal Singh S/o Guman Singh, Madan

Singh S/o Shri Bhopal Singh, Yashpal Singh S/o Bhopal Singh,

Bhopal Singh S/o Shri Sher Singh, Ranjeet Singh S/o Shri Bhopal

Singh, Inder Singh S/o Shri Bhopal Singh: (for Murder of Hiralal)

Conviction u/s. Sentence & In Default of Fine payment of fine further undergo 302 and 302/149 of Life Imprisonment Two month's I.P.C. a/w fine of Rs.1000/- additional (each of the imprisonment accused-appellants)

2.2. Accused-appellants Narpat Singh S/o Prabhu Singh, Prabhu

Singh S/o Guman Singh, Bhopal Singh S/o Guman Singh, Madan

Singh S/o Shri Bhopal Singh, Yashpal Singh S/o Bhopal Singh,

Bhopal Singh S/o Shri Sher Singh, Ranjeet Singh S/o Shri Bhopal

Singh, Inder Singh S/o Shri Bhopal Singh, Gena Ram S/o Pithaji,

Pannalal S/o Pemaji: (for Murder of Kapura)

Conviction u/s. Sentence & In Default of Fine payment of fine further undergo 302 and 302/149 of Life Imprisonment Two month's I.P.C. a/w fine of Rs.1000/- additional

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(each of the imprisonment accused-appellants) 148 I.P.C. Two years' R.I. a/w One Month's R.I. fine of Rs.500/-

(each of the accused-appellants)

2.3. Accused-appellant Bhanwar Singh:

     Conviction u/s.               Sentence &                     In Default of
                                      Fine                      payment of fine
                                                                further undergo
 302 and 302/149 of  Life Imprisonment                                Two month's
       I.P.C.       a/w fine of Rs.1000/-                              additional
(for Murder of Hiralal)                                              imprisonment

 302 and 302/149 of  Life Imprisonment                                Two month's
       I.P.C.       a/w fine of Rs.1000/-                              additional
(for Murder of Kapura)                                               imprisonment

       148 I.P.C.             Two years' R.I. a/w                   One Month's R.I.
                               fine of Rs.500/-




3. At the outset, it has been brought to the notice of this Court

by the learned Public Prosecutor, through production of a report

dated 29.07.2025 submitted by the Station House Officer, Police

Station Sadari, District Pali, that the accused-appellants, namely,

Bhopal Singh S/o Guman Singh, Bhopal Singh S/o Sher Singh,

Bhanwar Singh S/o Prabhu Singh, Ranjeet Singh S/o Bhopal

Singh, and Prabhu Singh S/o Guman Singh, have expired during

the pendency of these appeals. Accordingly, the present appeals,

qua the aforesaid deceased appellants, stand abated. The said

report is taken on record. Thus, the appeals now survive only qua

accused-appellants Narpat Singh S/o Prabhu Singh, Madan Singh

S/o Bhopal Singh, Yashpal Singh S/o Bhopal Singh, Gena Ram S/o

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Pithaji, Pannalal S/o Pemaji, and Inder Singh S/o Bhopal Singh,

and the present adjudication is confined to them.

3.1. The matter pertains to an incident which had occurred in the

year 1980 and the present appeals have been pending since the

years 1988 and 2005, respectively.

4. Brief facts of the case, as placed before this Court, are that a

written report (Ex.P.3) was submitted by the complainant,

Raghunath Singh (P.W.8), on 22.11.1980, regarding an incident

alleged to have occurred on the same day. In the said report, it

was stated that there existed a long-standing enmity between his

family on the one hand and Prabhu Singh and Bhopal Singh, along

with their family members and companions, on the other. It was

further alleged that, owing to this rivalry, Prabhu Singh and

Bhopal Singh, along with their associates, had previously

attempted to murder his brothers Hiralal and Sohan Singh, and

that criminal cases in relation thereto were already pending before

the competent Courts.

4.1. It was further narrated in the report that on 22.11.1980,

while the complainant was returning from his agricultural field at

Rajpura to Sevtalab on a tractor around 5:00-5:15 p.m. along

with Nar Singh S/o Bhopal Singh, he met Jai Singh S/o Hiralal on

the way, just ahead of Sadari. Jai Singh informed him that about

half an hour/three-quarters of an hour earlier, his father Hiralal

had been attacked near the nadi (water reservoir) of village

Sevtalab by Prabhu Singh S/o Guman Singh, Bhopal Singh S/o

Guman Singh, Bhanwar Singh S/o Prabhu Singh, Narpat Singh S/o

Prabhu Singh, Madan Singh S/o Bhopal Singh, Yashpal Singh S/o

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Bhopal Singh, Inder Singh S/o Bhopal Singh, Ranjeet Singh S/o

Bhopal Singh, and Bhopal Singh S/o Sher Singh. It was alleged

that the aforesaid accused persons, armed with lathis, dhariyas,

kulhadis and bhalas, had inflicted injuries upon Hiralal with the

intention to kill him.

4.2. It was further stated by Jai Singh that he, along with

Jogendra Singh S/o Bhopal Singh, had witnessed the said incident.

After assaulting Hiralal, the accused-appellants proceeded towards

the temple of Shri Ramdevji. Since the accused were armed with

deadly weapons and were larger in number, Jai Singh and

Jogendra Singh did not dare to intervene. However, upon their

shouts for help, Prithviraj also arrived at the place of occurrence.

Thereafter, Jai Singh, Jogendra Singh, and Prithviraj lifted the

injured Hiralal from the nadi and brought him to his house. It was

further alleged that thereafter, Prithviraj went to arrange for a

vehicle in order to take Hiralal to the hospital, while Jai Singh

proceeded towards the police station to lodge a report of the

incident. On the way, Jai Singh met the complainant and narrated

the entire incident. The complainant, accompanied by Jai Singh,

immediately went to Sevtalab, where they found Hiralal lying

injured in his house. His hands were fractured, and blood was

oozing from various parts of his body.

4.3. The report further alleged that upon inquiry by the

complainant, Hiralal himself disclosed that while he was returning

from the hotel towards the chakki, he was waylaid by Bhopal

Singh, Prabhu Singh S/o Guman Singh, Bhanwar Singh S/o Prabhu

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Singh, Narpat Singh S/o Prabhu Singh, Madan Singh S/o Bhopal

Singh, Yashpal Singh S/o Bhopal Singh, Inder Singh S/o Bhopal

Singh, Ranjeet Singh S/o Bhopal Singh, and Bhopal Singh S/o

Sher Singh. He stated that the aforesaid accused persons, armed

with lathis, dhariyas, kulhadis and bhalas, had inflicted multiple

blows upon him. Hiralal further told the complainant that he was

in severe pain and requested that he be taken to the hospital

immediately. The complainant thereafter took his brother Hiralal to

the hospital in a car belonging to one Jevarchand, which had been

arranged by Prithviraj. However, upon reaching the hospital,

Hiralal succumbed to his injuries after some time. It was further

informed to the complainant that, subsequent to the assault on

Hiralal, the accused-appellants had also beaten Kapura S/o Pemaji

Kumhar. The said assault was witnessed by Kapura's wife and

daughter, Bhikhi. Kapura too was brought to the hospital in the

same car, but he also succumbed to his injuries in the Hospital.

4.4. On the basis of the aforementioned report, the police

registered a case against the accused persons under Sections 147,

148, 149, 302 IPC and started investigation. After conclusion of

investigation, the police filed a charge-sheet under the relevant

sections; owing to the nature of crime involved, the matter was

committed for Sessions Trial, from where the case was transferred

to the learned Trial Court for the necessary Trial.

4.5. During the course of trial, the statements of 29 witnesses

(P.W. 1 to P.W. 29) were recorded, documents (Ex.P.1 to 92) were

exhibited on behalf of the prosecution and in defence, the accused

produced 16 witnesses (D.W. 1 to D.W. 16) and exhibited

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documents.(Ex.D.1 to Ex.D. 208); whereafter, the accused-

appellants were examined under Section 313 Cr.P.C., in which they

pleaded innocence and false implication in the criminal case in

question.

4.6. After conclusion of the trial, the learned Trial Court,

convicted and sentenced the accused-appellants, as above, vide

the impugned judgments of conviction and orders of sentence

dated 19.05.1988 & 19.02.2005, respectively; against which, the

present appeals have been preferred by the accused-appellants.

5. Mr. Vineet Jain, learned Senior Counsel assisted by Mr. Rajiv

Bishnoi, and Mr. Sanjay Mathur, Mr. Mridul Jain, Mr. L.D. Khatri,

Mr.Mahesh Thanvi, appearing on behalf of the accused-appellants,

submitted that the genesis of the prosecution case is shrouded in

serious doubts, as the earliest information recorded by the police

did not name most of the accused-appellants.

5.1. It was contended that even prior to the filing of the written

report (Ex.P.3) by complainant Raghunath Singh, the incident had

already been reported by Prithviraj (P.W.6), who claimed himself

to be an eyewitness. Immediately after the occurrence, P.W.6

Prithviraj had gone to arrange transport to carry the injured Hiralal

to the hospital, and thereafter, he proceeded to the Police Outpost

Lakara, where he lodged the first information regarding the

occurrence.

5.2. The said information was duly entered in the Daily Diary

(Rojnamcha Ex.D.19). In this earliest version, P.W.6 Prithviraj

merely stated that "Prabhu Singh and Bhopal Singh and their

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associates" had assaulted Hiralal and Kapura. No other accused-

appellant was named therein.

5.3. Furthermore, it was urged that in Ex.D.21, being another

statement recorded subsequent to Ex.D.19, P.W.6 Prithviraj again

did not specify the names of any other accused, except Prabhu

Singh and Bhopal Singh. Even in doing so, the parentage of either

of the two individuals named as "Bhopal Singh" was not

mentioned, despite the fact that among the array of accused

persons, there are two individuals bearing the same name.

5.4. Thus, it was submitted that the earliest version of the

incident, as given spontaneously by a claimed eyewitness, not

only failed to name most of the present appellants, but also

suffered from grave ambiguity in identifying even those two

individuals who were named. According to the appellants, this

omission in the earliest report casts a serious shadow of doubt on

the subsequent written report (Ex.P.3) and the later

embellishments therein, which appear to have been an

afterthought and the result of deliberation and consultation.

5.5. It was further submitted that the subsequent written report

(Ex.P.3), which has been treated as the FIR, was lodged only at

about 10:30 p.m. at Police Station Sadari. By that time, as is

borne out from the record, both the Deputy Superintendent of

Police and the Station House Officer of Police Station Sadari were

already present at the hospital where the injured had been

brought and where, in fact, Hiralal had succumbed to his injuries.

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5.6. It was emphasized that not only the police officials but also

all the three alleged eyewitnesses, namely, Jai Singh, Jogendra

Singh, and Prithviraj (P.W.6), as well as the complainant

Raghunath Singh (P.W.8) himself, were admittedly present at the

hospital well before 10:30 p.m. In such circumstances, the

appellants contended, the lodging of a detailed report at the police

station at a belated hour raises grave suspicion.

5.7. Thus, it was submitted that the intervening period between

the occurrence and the formal registration of Ex.P.3 provided

ample opportunity for deliberation and consultation, thereby

enabling the complainant party to embellish and amplify the list of

accused persons. The sharp contrast between the earliest

information (Ex.D.19 and Ex.D.21) which named only Prabhu

Singh and Bhopal Singh and the detailed report Ex.P.3, which

contains a full roll-call of accused persons with weapons allegedly

carried by them, strongly suggests afterthought, exaggeration,

and false implication of a large number of accused due to long-

standing enmity.

5.8. It was further submitted that the delay in lodging the written

report (Ex.P.3) becomes even more significant when examined in

the light of the testimony of two police constables posted at the

Lakara Outpost, who were admittedly present in the village when

complainant Raghunath Singh reached the residence of the injured

Hiralal.

5.9. Out of the said two constables, Mag Singh (P.W.9)

categorically deposed that he was informed only that "Bhopal

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Singh and Prabhu Singh and their associates" had assaulted

Hiralal. Significantly, the names of none of the other accused-

appellants were disclosed at that stage.

5.10. The other constable Vijay Singh (P.W.11), though present

with P.W.9, gave no account whatsoever of any disclosure

allegedly made by the injured Hiralal. Even more importantly,

P.W.9 himself admitted that he had no knowledge of any alleged

eyewitnesses to the incident.

5.11. It was, therefore, contended that this contemporaneous

version given to the police constables at the very earliest point of

time, immediately after the occurrence, undermines the

subsequent prosecution story. It clearly demonstrates that the

true assailants were not known or not disclosed at that stage, and

the subsequent naming of a large number of accused persons in

Ex.P.3 is nothing but a result of deliberation and afterthought.

5.12. It was further urged on behalf of the appellants that once

Ex.D.19, being the Rojnamcha entry based on the information

supplied by Prithviraj (P.W.6), had already been conveyed to the

police immediately after the incident, the subsequent report Ex.P.3

could not, in law, be treated as the "first information" under

Section 154 Cr.P.C.

5.13. It was also submitted that Ex.P.3, being a statement

recorded after Ex.D.19, squarely falls within the mischief of

Section 162 Cr.P.C., which prohibits the use of any statement

made to a police officer during investigation, except for the limited

purpose of contradiction. Since the substratum of the prosecution

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case is built upon Ex.P.3, its very admissibility as an FIR is legally

untenable.

5.14. It was contended that treating Ex.P.3 as the FIR, despite the

prior existence of Ex.D.19, results in serious prejudice to the

accused-appellants, because the real contemporaneous version

has been sidelined in favour of a later embellished document

prepared after deliberation. In these circumstances, the

prosecution story becomes inherently unreliable and the conviction

based thereon cannot be sustained.

5.15. It was further contended that even the explanation offered

by Prithviraj (P.W.6) regarding his movements immediately after

the occurrence is riddled with suspicion. According to him, he went

to arrange for transport to take the injured Hiralal to the hospital.

It was argued that this explanation is wholly unconvincing in the

facts and circumstances of the case, as the complainant party

admittedly had access to multiple vehicles in the village, including

the tractor on which Raghunath Singh (complainant and P.W.8)

himself was travelling at the relevant time. In light of these

available means, Prithviraj's story that he had to specifically leave

the spot to arrange transport becomes improbable. The appellants

thus contended that the conduct of P.W.6 Prithviraj was unnatural

and inconsistent with that of a true eyewitness. His presence at

the scene, and his version of events, therefore becomes doubtful,

further eroding the reliability of the prosecution case.

5.16. It was also contended on behalf of the appellants that the

testimony of the alleged eyewitnesses is replete with

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contradictions and marked by an unnatural account of the

incident.

5.16.1. In particular, Prithviraj (P.W.6), though projected as a

material eyewitness, admitted during cross-examination that when

the assault began, he himself did not intervene or retaliate in any

manner. He further conceded that he could not even confirm

whether Jai Singh or Jogendra Singh were present at the place of

occurrence at the relevant time, thereby directly undermining the

presence of the other two eyewitnesses relied upon by the

prosecution.

5.16.2. Moreover, while P.W.6 claimed that he had informed the

police that "Bhopal Singh, Prabhu Singh and their associates" were

the assailants of Hiralal and Kapura, he was unable to attribute

any specific injuries to any individual accused. This is borne out

from Ex.D.19 and Ex.D.21, which do not contain any details of

individual overt acts, but only a vague reference to two names

along with the ambiguous expression "and associates."

5.16.3. It was further submitted that such a vague, uncertain, and

contradictory version cannot be treated as reliable testimony of an

eyewitness, particularly when it stands in stark contrast to the

later detailed and embellished version given in Ex.P.3. The

unnatural conduct of P.W.6, coupled with his inability to affirm the

presence of the other two eyewitnesses, makes the entire ocular

account of the prosecution highly doubtful.

5.16.4. It was also contended that the testimony of Jai Singh

(P.W.7), another alleged eyewitness, is also wholly unreliable.

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Despite being projected as having been present at the scene,

P.W.7 conspicuously failed to even mention that Prithviraj (P.W.6)

was present there, thereby creating a direct contradiction between

the versions of the two witnesses. P.W.7 also admitted in his

cross-examination that his father Hiralal never disclosed to him

the names of the assailants. Learned counsel urged that such

silence on the part of a fatally injured victim, who was allegedly

conscious and speaking, is contrary to normal human conduct and

casts a serious shadow of doubt on the veracity of P.W.7's account.

5.16.5. Moreover, P.W.7 admitted that he did not inform any

villagers about the incident nor did he make any attempt to rescue

his father from the assault, despite being his son and an

immediate family member. The learned counsel emphasized that

such passivity in the face of a murderous assault on one's own

father is highly unnatural, and his conduct is inconsistent with that

of a truthful eyewitness. Taken together, these circumstances

demonstrate that the presence of P.W.7 at the scene of occurrence

is doubtful, and his testimony cannot be relied upon to sustain the

conviction of the appellants.

5.16.6. It was further submitted that Jogendra Singh (P.W.10), the

nephew of the deceased Hiralal, also failed to inspire confidence as

a truthful eyewitness. In his cross-examination, P.W.10 admitted

that he only saw the accused persons following Hiralal from a

distance of about 50 feet. Despite allegedly witnessing such a

grave situation, he did not raise any hue or cry to warn Hiralal of

the impending danger. P.W.10 further admitted that Prithviraj

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(P.W.6) and Jai Singh (P.W.7) were present at the spot, yet none

of them attempted to intervene or make any effort to prevent the

assault. It was urged that this collective inaction is wholly

inconsistent with the natural human conduct expected of close

relatives witnessing the brutal assault on a family elder. Moreover,

P.W.10 did not summon any villagers to the place of occurrence,

nor did he assign any specific role or injury to any of the accused

persons in his testimony. The failure to attribute distinct injuries,

coupled with the broad and omnibus allegations, renders his

evidence vague and unreliable.

5.16.7 Learned counsel argued that the testimony of P.W.10, when

read with the accounts of P.W.6 and P.W.7, is riddled with

contradictions and improbabilities, thereby undermining the

prosecution's claim of there being natural and trustworthy

eyewitnesses.

5.17. The learned counsel for the appellants further placed

reliance on the testimony of Nahar Singh (P.W.25), Dy.S.P., Police

Station Sadri, who admitted in his cross-examination that none of

the police personnel from Lakhara outpost were present in the

hospital when the injured persons were brought there. He further

admitted that although one constable was present, that constable

did not disclose anything regarding the occurrence. According to

the learned counsel, this circumstance assumes importance, as it

creates doubt over the prosecution version that the police and

eyewitnesses were simultaneously present and in knowledge of

the incident at the hospital itself. P.W.25 also stated during cross-

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examination that, so far as the death of Kapura is concerned,

complete knowledge about the incident was gathered only after

the statement of Smt. Gattu (P.W.3), wife of Kapura, was recorded

under Section 161 Cr.P.C. The appellants contended that this

admission is inconsistent with the prosecution case that the

identity of the assailants and the occurrence were clearly known

from the very beginning. It was thus argued that the deposition of

P.W.25 supports the defence case that the prosecution story, as

projected in Ex.P.3, was not the earliest and spontaneous version

of the incident, and that material facts were introduced at a later

stage.

5.18. Further, assailment is made to the reliability of the

prosecution witnesses relating to the assault on Kapura, namely,

Smt. Gattu (P.W.3), Lakma (P.W.4) and Bhiki (P.W.5). It was urged

that their testimonies suffer from material infirmities and cannot

be treated as trustworthy. It was submitted that the Test

Identification Parade (TIP) of the accused was conducted only

during the trial, after an inordinate delay of nearly two and a half

years. In the meantime, the accused persons were not kept

baparda. Owing to such delay and exposure, the evidentiary value

of the identification proceedings stands substantially diminished.

5.18.1. It was pointed out that Smt. Gattu (P.W.3) wrongly

identified Narpat Singh, Madan Singh, Yashpal Singh, Pannalal and

Gama Ram. Bhiki (P.W.5) failed to identify Pannalal and Gama

Ram, and could only identify Madan Singh, Yashpal Singh and

Narpat Singh. The defence emphasised that all these accused

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were residents of the same village and were well known to the

witnesses, thereby rendering the identification proceedings

meaningless.

5.19. Furthermore, the record reveals that none of the said

witnesses disclosed the identity of the assailants when Prithviraj

(P.W.6) and Vijay Singh (P.W.11) arrived at their home and took

Kapura to the hospital. According to the appellants, this omission

in the earliest version creates a serious doubt about the

subsequent attribution of specific roles and names during trial.

5.20. On the basis of these infirmities, it was contended that the

ocular account furnished by P.W.3, P.W.4 and P.W.5 is not reliable,

and the conviction based upon such doubtful evidence cannot be

sustained.

5.21. The appellants also placed reliance on the testimony of Dr.

Roop Singh (P.W.1), who conducted the medical examination and

post-mortem. In his statement, P.W.1 admitted that the injuries

sustained by the deceased were not consistent with the weapons

alleged to have been used during the assault. He further clarified

that the injuries were largely superficial in nature, and no blood

was detected on the weapons recovered, except on the spear

allegedly recovered from Narpat Singh. Even in respect of the said

spear, the medical evidence did not establish that such a weapon

was actually used in the commission of the offence. On the

strength of the above, it was submitted that the medical evidence

does not corroborate the ocular version put forward by the

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prosecution, thereby creating a material doubt in the prosecution

case.

6. Per contra, Mr. Pawan Bhati, learned Public Prosecutor with

Mr. Ramesh Dewasi, learned Public Prosecutor, appearing on

behalf of the State, and Mr. Suresh Kumbhat with Mr. Sheetal

Kumbhat, appearing on behalf of the complainant party, opposed

the appeals and supported the impugned judgments of conviction

and orders of sentence.

6.1. It was submitted at the outset that the information under

Section 154 Cr.P.C. is required to be given to the officer in charge

of a police station, and therefore the Rojnamcha entry (Ex.D.19),

recorded at the Lakhara outpost on the basis of the information

given by Prithviraj (P.W.6), cannot be treated as the first

information report in the eye of law. A police outpost does not fall

within the definition of "police station" under Section 2(o) Cr.P.C.

Accordingly, Ex.P.3, lodged by Raghunath Singh at Police Station

Sadri, constitutes the valid and proper FIR. It was further

contended that Ex.P.3 was promptly recorded the same night, at

10:30 p.m., and the minor time gap stood satisfactorily explained

in light of the circumstances that the priority of the family

members was to arrange transport and rush the injured to the

hospital. The appellants' argument regarding delay, it was urged,

is without substance.

6.2. In respect of the alleged delay in lodging Ex.P.3, it was

contended that the same is immaterial. Raghunath Singh, being

the elder member of the family, had first to attend to the

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immediate needs of his grievously injured brother Hiralal, which

included arranging conveyance and taking him to the hospital. The

priority of any responsible family elder in such circumstances

would naturally be to save the life of the injured rather than to

rush to the police station. Thus, the report having been lodged at

10:30 p.m., on the same night of the occurrence, cannot be said

to be delayed in a manner so as to cast any doubt on the

prosecution case.

6.3. It was further submitted that the existence of long-standing

enmity between the complainant party and the accused side has

been proved on record. The feud had persisted for nearly four

decades, and the appellants had previously attempted to assault

and even eliminate the complainant's family members. This

background of hostility supplied a strong motive for the appellants

to commit the present crime. The presence of such a deep-rooted

animosity, instead of being a ground for false implication as urged

by the defence, is in fact a significant circumstance corroborating

the prosecution case.

6.4. As regards the argument that Prithviraj (P.W.6) did not

immediately use the tractor for transporting Hiralal, it was urged

that this argument overlooks the medical condition of the injured.

The witnesses have consistently stated that Hiralal had sustained

multiple fractures and grievous bleeding injuries, and therefore his

condition was extremely fragile. Transporting him on a tractor,

which is a rough and open vehicle, could have further aggravated

his condition. Thus, the family members and witnesses, in the

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ordinary course of prudence, preferred to arrange a proper motor

vehicle for taking him to the hospital. This explanation is natural

and fully accounts for the time taken in arranging conveyance.

6.5. The contention of the appellants that the eyewitnesses were

related to the deceased and hence "interested witnesses" was

refuted. It was urged that merely because a witness is related to

the deceased or belongs to the complainant party does not by

itself render such testimony unreliable or inadmissible. The settled

position of law is that the evidence of a related witness cannot be

discarded on that ground alone; rather, it requires careful scrutiny,

and if found credible, it can form the basis of conviction. In the

present case, the testimonies of P.W.6 Prithviraj, P.W.7 Jai Singh,

and P.W.10 Jogendra Singh are natural, consistent with the

occurrence, and inspire confidence, and thus cannot be brushed

aside merely on account of their relationship with the deceased.

6.6. It was next submitted that the incident occurred in a village

setting, in the late evening hours, where people ordinarily move

about for agricultural and domestic chores. In such a background,

the presence of the eyewitnesses at or near the place of

occurrence cannot be termed as doubtful or unnatural. On the

contrary, their presence was most natural, as they either belonged

to the same family or resided in the vicinity, and were thus in a

position to witness the assault. The criticism that their account is

improbable or fabricated does not hold merit in the rural context,

where close-knit community life and proximity to the fields and

water bodies make such presence not only possible but expected.

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6.7. As regards the medical evidence, it was submitted that the

opinion of the doctor (P.W.1 Dr. Roop Singh) does not in any

manner demolish the prosecution case. The presence or absence

of bloodstains on the recovered weapons cannot be treated as

conclusive proof either way, as such stains may get wiped off or

lost due to passage of time and handling. Similarly, the doctor's

observation that some injuries were superficial does not negate

the fact that the cumulative effect of the multiple blows caused

the death of both victims. Medical evidence is corroborative in

nature and is intended to support, not supplant, the direct

testimony of eyewitnesses. In the present case, the ocular

evidence is clear and consistent, and the medical findings are not

in contradiction but broadly in consonance with the manner of

assault alleged.

6.8. With respect to the argument regarding the Test

Identification Parade, it was submitted that the minor

discrepancies pointed out by the defence do not vitiate the

prosecution case. Smt. Gattu (P.W.3), Bhiki (P.W.5), and Lakma

(P.W.4) were consistent in their broad account of the assault on

Kapura. The fact that some witnesses failed to identify all the

accused or committed minor errors during the TIP, which was held

after a lapse of time, is not fatal to the prosecution. It is well-

settled that TIP is only a corroborative exercise and not

substantive evidence; what carries weight is the identification of

the accused by the witnesses in Court during trial, which was duly

established.

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6.9. It was further contended that the defence argument that the

accused and the witnesses belonged to the same village and

hence there was no necessity of TIP is self-defeating. On the

contrary, the familiarity of the witnesses with the accused rules

out the possibility of mistaken identity. The discrepancies in

identification, if any, only go to the margin and do not discredit

the core version that Kapura was assaulted by members of the

accused party in furtherance of the same enmity.

6.10. It was lastly urged that the testimonies of the material

witnesses, when read as a whole, are consistent, cogent, and

mutually corroborative. The core of the prosecution case, namely

that both Hiralal and Kapura were waylaid and assaulted by the

accused party owing to long-standing enmity, has remained firm

throughout. Minor contradictions or omissions, which are bound to

occur when witnesses depose after a long passage of time, do not

detract from the overall reliability of their account. The consistent

narration by P.W.6 Prithviraj, P.W.7 Jai Singh, P.W.10 Jogendra

Singh, along with the corroboration furnished by P.W.3 Gattu,

P.W.4 Lakma, and P.W.5 Bhiki regarding the assault on Kapura,

establishes the prosecution case beyond reasonable doubt.

6.11. On the cumulative strength of the above, it was submitted

that the prosecution has succeeded in proving its case beyond

reasonable doubt. The motive arising from a long-standing feud,

the consistent testimonies of the eyewitnesses, the corroboration

by medical and circumstantial evidence, and the identification of

the assailants taken together form a complete chain pointing

unerringly towards the guilt of the accused. The minor

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discrepancies highlighted by the defence are natural in human

testimony and do not affect the substratum of the case. The

learned Trial Court, upon a proper appreciation of the evidence,

has rightly recorded the conviction and awarded sentence, which

calls for no interference by this Court in appellate jurisdiction.

7. Heard learned counsel for the parties as well as perused the

record of the case.

8. This Court observes that the first contention urged on behalf

of the appellants is that Ex.P.3, the written report lodged by

Raghunath Singh, is hit by Section 162 Cr.P.C., since Ex.D.19

Rojnamcha entry already existed prior to it. This argument does

not persuade us. Ex.D.19, being a general Rojnamcha entry

recorded at the police outpost on the basis of preliminary

information, cannot be equated with a First Information Report

under Section 154 Cr.P.C. The settled legal position is that

information under Section 154 has to be given to the officer in

charge of the police station, and not merely to an outpost

constable. Thus, Ex.P.3, reduced into writing and duly signed,

constitutes the FIR in law.

8.1. This Court however finds that the fact remains that Ex.D.19

was the earliest contemporaneous account given by Prithviraj

(P.W.6), an alleged eyewitness, immediately after the occurrence.

In that account, only two names -- Prabhu Singh and Bhopal

Singh -- surfaced, with the vague addition "and associates." The

subsequent Ex.P.3, lodged belatedly at 10:30 p.m., contains a

detailed roll-call of accused persons with weapons, which appears

to be a product of deliberation. This Court finds that the drastic

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improvement between Ex.D.19 and Ex.P.3 creates a grave

suspicion as to the authenticity of the latter.

9. This Court further observes that the delay in lodging Ex.P.3

has not been satisfactorily explained. The prosecution urged that

the priority of the family was to take the injured to the hospital.

However, it is admitted on record that senior police officials,

including the Dy.S.P. (P.W.25) and the S.H.O., were present at the

hospital much before 10:30 p.m., and that the complainant as well

as the alleged eyewitnesses were also present. In such

circumstances, the omission to record a detailed version

contemporaneously cannot be brushed aside. The belated lodging

of Ex.P.3 gave opportunity for deliberation and embellishment,

which undermines the spontaneity of the report.

10. This Court also observes that the earliest account furnished

to the police constable at Lakhara outpost by P.W.9 Mag Singh is

also significant. He categorically deposed that only "Prabhu Singh

and Bhopal Singh and their associates" were named. None of the

present appellants were mentioned. This contemporaneous

version corroborates the defence contention that the subsequent

array of accused in Ex.P.3 was the result of afterthought.

11. This Court further observes that the testimonies of the three

principal eyewitnesses -- P.W.6 Prithviraj, P.W.7 Jai Singh, and

P.W.10 Jogendra Singh -- are riddled with contradictions,

improbabilities, and instances of unnatural conduct. P.W.6 himself

conceded that he did not intervene during the assault and could

not confirm whether P.W.7 or P.W.10 were present at the spot.

P.W.7 admitted that his father never disclosed the names of the

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assailants to him, which is wholly unnatural if Hiralal was

conscious. P.W.10 admitted that he only saw the accused from a

distance of 50 feet and did not raise alarm or summon help. This

Court finds that the collective passivity of close relatives in the

face of a murderous assault is inconsistent with natural human

conduct, rendering their presence doubtful.

12. This Court also observes that the evidence relating to the

assault on Kapura, as deposed by P.W.3 Gattu, P.W.4 Lakma, and

P.W.5 Bhiki, suffers from material infirmities. None of them

disclosed the names of the assailants when the injured was taken

to the hospital. Their identification of the accused was belated and

marred by errors. The Test Identification Parade, held after two

and a half years, was wholly unreliable since the accused were not

kept baparda and were admittedly known to the witnesses as co-

villagers. This Court finds that such defective identification cannot

be safely relied upon.

13. This Court further observes that the prosecution placed

heavy reliance on motive arising from longstanding enmity. While

the existence of hostility between the parties is established, such

enmity cuts both ways. It may furnish a motive for the accused to

attack, but it equally provides a strong ground for false implication

of a large number of adversaries. In the present case, the manner

in which the prosecution story expanded from two named

individuals in Ex.D.19 to a full roster of accused in Ex.P.3, coupled

with the contradictions in testimony, suggests that enmity has, in

fact, resulted in false implication.

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14. This Court also observes that the explanation advanced by

the prosecution for not using the tractor to transport the injured

Hiralal is also unconvincing. In rural settings, a tractor is the most

readily available means of transport. The story that it was

abandoned in favour of a distant car appears artificial, particularly

when Hiralal's condition was precarious. This improbability casts

further doubt on the version of P.W.6 regarding his movements

after the incident.

15. This Court further observes that the conduct of P.W.7 Jai

Singh is highly unnatural. Despite claiming to have seen his father

grievously assaulted, he neither raised alarm to alert villagers nor

attempted to secure immediate assistance. His admission that his

father did not disclose the names of the assailants further

contradicts the prosecution version and undermines his reliability.

16. This Court also observes that P.W.10 Jogendra Singh, being

the nephew of the deceased, admitted to seeing the accused

following Hiralal from a close distance, yet neither cautioned him

nor sought help from others in the village. His passive conduct,

inconsistent with normal human behaviour, raises serious doubts

about his presence at the scene of occurrence.

17. This Court further observes that P.W.9 Mag Singh, a

constable from Lakara outpost, deposed that he only heard the

names of Bhopal Singh and Prabhu Singh, without mention of the

other accused. The other constable on duty gave no account of

any disclosure. This omission from independent police witnesses

at the earliest point indicates that the identities of most of the

accused were not known at the time of occurrence.

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18. This Court also observes that the cumulative effect of the

infirmities in the prosecution case -- namely, the doubtful

status of Ex.P.3 as the FIR, the unexplained delay, the

contradictions and unnatural conduct of eyewitnesses, the

unreliable identification evidence, and the lack of

corroboration from medical findings -- leads to the irresistible

conclusion that the prosecution has failed to establish the case

beyond reasonable doubt.

19. It is a settled proposition of law that where the prosecution

case suffers from material contradictions, inconsistencies and

absence of corroboration, the benefit of doubt must enure to the

accused. In the present case, the prosecution has failed to

establish beyond reasonable doubt that the accused-appellants

were responsible for causing the fatal injury to the deceased(s).

20. This Court further observes that when a judgment of

conviction is challenged before the Appellate Court, it becomes

imperative to undertake a proper and independent appreciation of

the evidence recorded by the learned Trial Court. The power of the

Appellate Court in this regard is statutorily enshrined under

Section 386(b) of the Code of Criminal Procedure, 1973, which

provides as follows:

"386. Powers of the Appellate Court.--

(b) in an appeal from a conviction--

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or

(ii) alter the finding, maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the

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extent, or the nature and extent, of the sentence, but not so as to enhance the same."

21. This Court also observes that as provided under Section

386(b)(i) Cr.P.C., the Appellate Court has the power to reverse the

findings of the conviction, so as to acquit the accused. At this

juncture, it is considered appropriate to reproduce the relevant

portion of the judgment rendered by the Hon'ble Apex Court in

case of Kamlesh Prabhudas Tanna v. State of Gujarat,

(2013) 15 SCC 263, as hereunder:-

"9. At this juncture, we are obliged to state that though it may be difficult to state that the judgment suffers from sans reasons, yet it is not at all difficult to say that the reasons ascribed are really apology for reasons. If we allow ourselves to say so, one may ascribe certain reasons which seem to be reasons but the litmus test is to give seemly and condign reasons either to sustain or overturn the judgment. The filament of reasoning must logically flow from requisite analysis, but, unfortunately, the said exercise has not been carried out. In this context, we may refer with profit to the decision in Padam Singh v. State of U.P [(2000) 1 SCC 621:

2000 SCC (Cri) 285], wherein a two-Judge Bench, while dealing with the duty of the appellate court, has expressed thus: (SCC p. 625, para 2)

"2. ... It is the duty of an appellate court to look into the evidence adduced in the case and arrive at an independent conclusion as to whether the said evidence can be relied upon or not and even if it can be relied upon, then whether the prosecution can be said to have been proved beyond reasonable doubt on the said evidence. The credibility of a witness has to be adjudged by the appellate court in drawing inference from proved and admitted facts. It must be remembered that the appellate court, like the trial court, has to be satisfied affirmatively that the prosecution case is substantially true and the guilt of the accused has been proved beyond all reasonable doubt as the presumption of innocence with which the accused starts, continues right through until he is held guilty by the final Court of Appeal and that presumption is neither strengthened by an acquittal

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nor weakened by a conviction in the trial court."

(emphasis supplied)

10. In Rama v. State of Rajasthan[(2002) 4 SCC 571 : 2002 SCC (Cri) 829], the Court has stated about the duty of the appellate court in the following terms: (SCC p. 572, para 4)

"4. ... It is well settled that in a criminal appeal, a duty is enjoined upon the appellate court to reappraise the evidence itself and it cannot proceed to dispose of the appeal upon appraisal of evidence by the trial court alone especially when the appeal has been already admitted and placed for final hearing. Upholding such a procedure would amount to negation of valuable right of appeal of an accused, which cannot be permitted under law."

11. In Iqbal Abdul Samiya Malek v. State of Gujarat [(2012) 11 SCC 312: (2013) 1 SCC (Cri) 636], relying on the pronouncements in Padam Singh [(2000) 1 SCC 621 : 2000 SCC (Cri) 285] and Bani Singh v. State of U.P. [(1996) 4 SCC 720:

1996 SCC (Cri) 848], this Court has reiterated the principle pertaining to the duty of the appellate court.

12. Recently, a three-Judge Bench in Majjal v. State of Haryana [(2013) 6 SCC 798] has ruled thus: (SCC p. 800, para 7)

"7. It was necessary for the High Court to consider whether the trial court's assessment of the evidence and its opinion that the appellant must be convicted deserve to be confirmed. This exercise is necessary because the personal liberty of an accused is curtailed because of the conviction.

The High Court must state its reasons why it is accepting the evidence on record. The High Court's concurrence with the trial court's view would be acceptable only if it is supported by reasons. In such appeals it is a court of first appeal. Reasons cannot be cryptic. By this, we do not mean that the High Court is expected to write an unduly long treatise. The judgment may be short but must reflect proper application of mind to vital evidence and important submissions which go to the root of the matter."

22. This Court also observes that looking into the overall factual

matrix and the circumstances of the case as well as the evidence

and the precedent law, as placed before us, it is a fit case to

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exercise the power conferred under Section 386(b) Cr.P.C., which

pertains to the reversal of a finding from conviction to acquittal.

23. Accordingly, the present appeals are allowed, and the

impugned judgment of conviction and order of sentence dated

19.05.1988 passed by the learned Sessions Judge, Pali, in

Sessions Case No. 58/1984 (State of Rajasthan Vs. Narpat Singh

& Ors.) and the impugned judgment of conviction and order of

sentence dated 19.02.2005 passed by the learned Additional

Sessions Judge, Bali, District Pali, in Sessions Case No. 70/1999

(State of Rajasthan Vs. Bhanwar Singh), whereby the accused-

appellants have been convicted and sentenced are quashed and

set aside. To reiterate, since the appeals having already stood

abated qua the deceased appellants Bhopal Singh S/o Guman

Singh, Bhopal Singh S/o Sher Singh, Bhanwar Singh S/o Prabhu

Singh, Ranjeet Singh S/o Bhopal Singh, and Prabhu Singh S/o

Guman Singh, the present adjudication is confined only to the

surviving appellants. Consequently, the surviving accused-

appellants, namely, Narpat Singh S/o Prabhu Singh, Madan Singh

S/o Bhopal Singh, Yashpal Singh S/o Bhopal Singh, Gena Ram S/o

Pithaji, Pannalal S/o Pemaji, and Inder Singh S/o Bhopal Singh,

are acquitted of all the charges against them. As they are already

on bail, they need not surrender; their bail bonds stand

discharged.

24. However, keeping in view the provisions of Section 437-A

Cr.P.C./481 B.N.S.S., each of the surviving accused-appellants are

hereby directed to furnish a personal bond in the sum of

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Rs.25,000/- and a surety bond each in the like amount before the

learned Trial court which shall be effective for a period of six

months to the effect that in the event of filing of a Special Leave

Petition against the present judgment on receipt of notice thereof,

the said accused-appellants shall appear before the Hon'ble

Supreme Court, as and when called upon to do so.

25. All pending applications stand disposed of. The record was

already returned to learned Trial Court.

(SANDEEP TANEJA),J. (DR.PUSHPENDRA SINGH BHATI),J.

SKant/-

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