Manjit Singh vs State Of Rajasthan

1. Criminal Appeal No.269 of 2008 is on behalf of a single appellant – Manjit Singh. Criminal Appeal No.270 of 2008 (that came to this Court from jail) is on behalf of two appellants, namely, Kamlesh Kumar and Pradhuman Singh @ Paddu who are represented by Mr. Ravi Prakash Mehrotra, advocate, nominated as Amicus Curiae. Both the appeals arise from the same judgment and order of the Rajasthan High Court. They were, therefore, heard together and are being disposed of by this common judgment.

3. The case of the prosecution is based on the statement (Parcha Bayan) of Hitesh Galav recorded by ASI Champa Lal at Hospital Baran on September 14, 1998 at 11:30 p.m. The Parcha Bayan – Exhibit P.4 gave rise to and it was incorporated in the formal FIR No.211/98, Police Station Mangrol. In his statement before the Police, Hitesh Galav said that on that day at about 9.00 in the evening he along with Hemant (deceased), Madhusudan (deceased) and Maharaj was sitting in the Hanumanji Mandir near the Mangrol bus stand. At that time Manjit Singh Rajput, Kamlesh Sharma and Paddu Sardar (the three appellants) came there and with a view to kill them on account of previous enmity attacked them with knives. The three accused gave them repeated knife blows as a result of which the three of them were wounded. He further said that he had received one knife injury on the right side of his abdomen and another injury on the right side under the arm. One of them (the accused) also made the exhortation to take out the revolver but at the same time Hariom Soni and some other people arrived there. Parvat Singh also came there who lifted them and brought them straight to Mangrol Hospital from where they came to Baran. He further said that he had received injuries on both his hands as well.

4. The FIR was initially recorded under Section 307/34 but on the death of Hemant and Madhusudan, Section 302 of the Penal Code was also added to the case. On submission of charge sheet by the police, the appellants were tried before the Sessions Judge, Baran, who by his judgment and order dated September 15, 1999 passed in Sessions Case No.132/1998 convicted and sentenced them, as noted above. The appellants preferred Appeals [D.B. Criminal Appeal No.640/1999 (Kamlesh Kumar), D.B. Criminal Appeal No.796/1999 (Manjit Singh) and D.B. Criminal Appeal No.764/1999 (Pradhuman Singh @ Paddu)] before the High Court of Rajasthan which were dismissed by the High Court by judgment and order dated January 13, 2006.

15. Mr. Mehrotra next submitted that the previous enmity alluded to by PW.2 related to an incident that was several months old and the incident was too small to lead to such an assault in which two persons were killed. It is well settled that motive is not of much relevance in a case where the ocular evidence is of such quality as to prove the culpability of the accused beyond doubt. Moreover, even the prosecution case regarding the motive cannot be rejected simply because the earlier incident had taken place a few months before the occurrence.

17. We, however, find that apart from the sentence of life imprisonment the appellants have been punished with fine of Rs.2,00,000/- each with default sentence of five years under Section 302 of the Penal Code and additionally a fine of Rs.1,00,000/- each with the default sentence under Section 307 of the Penal Code. We are of the view that the imposition of such heavy fines with such stringent default sentences is not warranted in the case. We, accordingly, reduce the amounts of fine to Rs.10,000/- and Rs.5,000/- respectively for the two offences with the default sentence of six months rigorous imprisonment and three months respectively under each of the two provisions.

18. The appeals are dismissed subject to the modification and reduction in the amounts of fine.

July 25, 2012.