State Of Rajasthan vs Thakur Singh

2. According to the first information report (FIR) lodged by Himmat Singh (PW-2), the respondent/accused Thakur Singh was married to Dhapu Kunwar and they had a daughter aged about one year. Thakur Singh was working as a labourer or lorry driver in Ahmadabad. Since he was not feeling well, he was brought to the family home in Hingwania in Rajasthan on 25th February, 1999 where he stayed the whole day.

3. On 26th February, 1999 Thakur Singh’s brother Bagh Singh (PW-3) was sent to fetch his brother-in-law Gotu Singh (brother of Dhapu Kunwar) who then came to Hingwania. He seems to have stayed overnight and on 27th February, 1999 Gotu Singh and Thakur Singh were together for most of the day. In the evening at about 4.30 p.m. on 27th February, 1999 Gotu Singh went to Gundli and stayed there overnight. He came back to Hingwania the next morning (28th February, 1999) at about 7.45 a.m.

4. However, before Gotu Singh arrived in Hingwania on 28th February, 1999 Thakur Singh took his wife Dhapu Kunwar and their daughter inside a room and bolted it from within. Thereafter, Himmat Singh and Gotu Singh went from Hingwania by bus to Chanderiya to meet Thakur Singh’s elder brother Shyam Singh (PW-1). While Gotu Singh did not return to Hingwania, Himmat Singh returned along with Shyam Singh. This was at about 4.30 p.m.

5. Throughout the day Thakur Singh had locked himself up in a room along with Dhapu Kunwar and their daughter. Other ladies in the house, namely, the wife of Bhag Singh, (Chanda Kunwar PW-18) wife of Pratap Singh (PW-6) and (Pushpa Kunwar PW-20) wife of Ram Singh (PW-7) tried to persuade Thakur Singh to open the door of the room but he did not do so. Later in the evening, after Himmat Singh returned with Shyam Singh, they removed the ‘kelu’ from above the house and it was then discovered that Thakur Singh had killed Dhapu Kunwar. The door of the house was broken open and Thakur Singh was caught and tied by his brothers and other relatives.

6. At about 6.15 p.m. on the same day, that is 28th February, 1999 Himmat Singh lodged an FIR in the police station giving the facts mentioned above. There is a positive assertion in the FIR that Thakur Singh had killed Dhapu Kunwar. Soon after the FIR was registered, the investigating officer Kuber Singh (PW-23) arrived at the place of the occurrence and took charge of the investigations and arrested Thakur Singh on the basis of the allegations made in the FIR.

7. On completion of investigations, Kuber Singh filed a charge sheet against Thakur Singh alleging the commission of offences punishable under Sections 302, 326 and 324 of the Indian Penal Code (IPC). The Upper District & Sessions Judge (Fast Track) Chittorgarh who heard the case being Sessions Case No.90/2001 convicted Thakur Singh and found him guilty of an offence punishable under Section 302 of the IPC and sentenced him to undergo imprisonment for life and a fine of Rs.1000/-.

9. The Trial Court found that some basic facts were nevertheless brought on record. These basic facts were that Dhapu Kunwar was the wife of Thakur Singh; she was lying dead in the room occupied by her and Thakur Singh, and Dr. Khem Chand Saini (PW-15) deposed that Dhapu Kunwar had some injuries on her person but the cause of her death was asphyxia and strangulation.

11. Feeling aggrieved by the conviction and sentence awarded by the Trial Court, Thakur Singh preferred D.B. Criminal Jail Appeal No. 500 of 2001 in the High Court of Rajasthan. By a judgment and order dated 4th August, 2004 (under appeal), the High Court found no evidence to link Thakur Singh with the death of Dhapu Kunwar. Accordingly, the appeal was allowed and he was acquitted of the charge of an offence punishable under Section 302 of the IPC.

Conclusion

29. The judgment and order passed by the High Court is set aside and that of the Trial Judge restored. The State should take the necessary steps to apprehend Thakur Singh so that he can serve out the sentence awarded to him by the Trial Court.

30. The appeal is allowed, as above.

………………………………J (Madan B. Lokur) ………………………………J (S.A. Bobde) New Delhi;

June 30, 2014

[1] [2] 106. Burden of proving fact especially within knowledge.—When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Illustrations

(a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him.

(b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him.