Inder Singh & Ors. Versus State of Rajasthan

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.493-495 OF 2009

Inder Singh & Ors. …..Appellants

Versus

State of Rajasthan …..Respondent

 

The occurrence is alleged to have taken place on 10th September 2001 at 06:45 p.m. in Village Dhodi, at a distance of 18 kms from the concerned police station. The statement of informant Ram Singh (P.W.15) who was seriously injured, was recorded on the same date at 09:30 p.m. in presence of his uncle Chen Singh (P.W.17), by SHO at Camp Dhodi and formal FIR was recorded on same date at 10:30 p.m. The FIR was duly communicated to and seen by the Addl. Chief Metropolitan Magistrate on 11.09.2001. There were 29 accused persons named in the FIR, all residents of Village Dhodi. The four deceased who died on account of assault in the same occurrence as well as the injured informant and material eye witnesses, i.e., P.Ws. 12, 14, 15, 17, 19 and 24 also belong to the same village. The genealogy prepared by the defence and shown to us, discloses that at least accused no.8-Maan Singh and his two sons accused nos.5 and 29 belong to the same larger family as that ofthe four deceased and the injured informant Amar Singh. Accused no.8-Maan Singh happens to be brother of deceased no.2-Bapu Singh and deceased no.4-Manohar Singh whereas deceased no.1-Inder Singh and deceased no.3-Nagu Singh are sons of deceased Manohar Singh. Informant Amar Singh is son of deceased Bapu Singh. The accused persons named in the FIR and charge sheeted by name never challenged their identification either before the police or before the Magistrate. Nor there was any cross-examination of the witnesses on the point of identification when the witnesses in their depositions have referred to the accused persons and the appellants by their name as well as village relationship….read more