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U/S.323 IPC : Six months' R.I. U/S.343 IPC : One year's R.I. U/S.308 IPC : Seven years' R.I. alongwith a fine of Rs.2000/- & in default, to further undergo one year's imprisonment.

U/S.120B read : Five years' R.I. alongwith a fine of with 343, 323, Rs.1000/- & in default, to further 384,326,308IPC undergo six months' R.I. ACCUSED APPELLANT SOHAN SINGH:

U/S.323 IPC : Six months' R.I. U/S.343 IPC : One year's R.I. U/S.120B read : Five years' R.I. alongwith a fine of with 343, 323, Rs.1000/- & in default, to further 384,326,308IPC undergo six months' imprisonment.

2. In nutshell, the facts of the case are that on 5.2.1994, injured Jugta Ram submitted a written report, Ex.P.1 before the Superintendent of Police, Barmer that four days back, when he was going with liquor bottle, constable Kishore Singh met him in the way and asked him about the same. When he told that he was carrying the bottle for someone else, accused Kishore Singh asked to deliver the liquor bottle to him, else to give money for liquor. During scuffle, the liquor bottle fell on the ground and was broken. Accused Kishore Singh took him at the Police Station Sadar Barmer, where accused Sumerdan ASI and Sohan Singh SHO locked him in the barrack for four days and gave beating with slaps and fists. On the day of the report in the morning at 7 A.M., Bheru Singh came there in whose shop he was working, who ousted him from his shop on account of allegation of his suspicious character. Constable Kishore Singh is the relative of Bheru Singh and in conspiracy with Sumer Dan and Sohan Singh, Sumerdan and Kishore Singh came in the barrack at 8 AM. Sumerdan caught hold of his neck by putting hand on his mouth & accused Kishore Singh cut his penis with a sharp object. A blanket was put on him. During this, Pura Ram and Bala Ram came there. He became unconscious on account of excessive bleeding and got consciousness in the hospital. Yesterday, his brother Kheraj Ram came to meet him in the hospital and he told that if he will pay the sum of Rs.30 to 40 thousand, the police will leave him. This report was sent at the Police Station Kotwali Barmer on 6.2.94 at 2.30 PM, where a case u/ss.307, 326 IPC was registered. Initially, the investigation was handed over to Shri G.L.Verma, Addl.S.P., Barmer and thereafter the same was transferred to the CID, Crime Branch, which added the offences u/ss.343 and 120B IPC. Later on, at the instance of the State Government, the case was handed over to the S.P., C.B.I., Jodhpur for investigation, where the case u/ss.120B read with 326, 308, 343, 384 and 323 IPC and separately under Sections 326, 308, 343, 384 & 323 IPC was registered and investigation was commenced. During the course of investigation, accused Sohan Singh was absconding and when he appeared, a case No.44/94 was registered at Police Station Kotwali on the report of accused appellant Sohan Singh against injured complainant Jugta Ram. After investigation, the challan was filed in the court of learned ACJM, SPE Cases, Jaipur from where the same was committed to the court of Distt. & Sessions Judge, Jaipur District & then transferred to the court of learned Additional Sessions Judge, Barmer. The arguments on charge were heard. Accused Sumerdan was charged u/ss.120B read with 343, 323, 384, 326 & 308 and separately u/ss.323, 343, 326/114 and 308/114 IPC. Accused Sohan Singh was charged u/ss.120B read with 343, 323, 384, 326 & 308 alongwith Sections 343 & 323 IPC. Accused Kishore Singh was charged for the offences u/ss.120B read with 343, 323, 384, 326 and 308 alongwith Sections 323, 343, 326 and 308 IPC. Accused Bheru Singh was also charged u/ss.120B read with 343, 323, 384, 326, 308 alongwith Sections 343/34, 323/34, 326/114, 308/114 and 384 IPC. All the accused pleaded not guilty. The prosecution examined 28 witnesses and produced 63 documents alongwith 18 articles. The statements of the accused were recorded u/s.313 CrPC, wherein they pleaded that the whole case is false and politically motivated. They produced 9 witnesses and 28 documents in their defence. During the course of trial, accused Bheru Singh died on 11.3.2005 and the proceedings against him were dropped. After hearing the arguments, the learned trial Judge convicted the accused appellants as above.

5. We have curiously appreciated the evidence in the light of the submissions made by the learned counsel for the appellants as well as the learned Public Prosecutor and the learned counsel for the complainant.

6. Since all the accused appellants have been convicted for the charge of criminal conspiracy punishable under Section 120B IPC read with ss.343, 323, 384, 326 & 308 IPC, therefore, at first, it will be proper to discuss the offence u/s.120B IPC said to have been committed by the accused appellants. In this regard, the most important evidence is of injured complainant Jugta Ram himself (PW 1), coupled with the testimony of the eye witnesses named by him and also of the investigating officer Sampat Raj (PW 27).

17. Consequently, we allow this appeal in part and acquit appellant Sohan Singh of the offences u/ss.323, 343 and 120B read with 343, 323, 384, 326 & 308 IPC and Sumer Dan of the offences u/ss.326/114, 323, 343, 308/114 and Section 120B read with 343, 323, 384, 326 & 308 IPC, recorded by the learned Additional Sessions Judge (FT), Balotra, Hqr.Barmer dated 21.12.2005. While acquitting appellant Kishore Singh of the offences u/ss.323, 308 and 120B read with 343, 323, 384, 326 & 308 IPC, his conviction for the offence u/s.326 IPC is maintained and he is sentenced to the period already undergone, instead of life imprisonment. However, the fine of Rs.5000/- imposed on this count, is enhanced to Rs.one lac and in default of payment of fine, he will further undergo one year's R.I. The amount of fine of Rs.one lac shall be deposited by appellant Kishore Singh within a period of thirty days from today before the trial Court and shall be delivered to the injured complainant Jugta Ram. However, the conviction and sentence of accused appellant Kishore Singh for the offence u/s.343 IPC is altered to Sec.342 IPC, for which he is sentenced to one year's R.I. Both the substantive sentences shall run concurrently. Appellants Sohan Singh and Sumer Dan are on bail, their bail bonds stand cancelled. Appellant Kishore Singh is on bail, he shall deposit the fine within the stipulated time, else he will undergo the sentence, awarded in default of payment of fine.