MILKIYAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal from a Judgment of the Rajasthan High Court affirming on appeal the order of conviction and the sentences passed on the appellants before us by the Additional Sessions Judge No. 2, Shri Ganganagar. Of the four appellants Milkiyat Singh and Chhotu Singh were convicted under Section 302 and Section 307 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life under the first count and rigorous imprisonment for five years under the second:Hansa Singh and Genda Singh were convicted under Section 302/34 and Sections 307/34 of the Indian Penal Code and were also awarded the same sentences.

(2.) On March, 13, 1970, Surjit Singh (P. W. 3) lodged the F. I. R. in this case containing the following story. At 12.30 P. M. on that day Surjit Singh along with his brother Balbir Singh and Jagir Singh (P. W. 11) and Jagroop Singh (P. W. 4) had started from Surjit Singh's house for village Jandwala Sikhan to see the ailing wife of one Jiwan Singh and when they had reached a point near the house of one Ram Singh, they found Dal Singh. Chhotu Singh, Genda Singh, Hansa Singh and Milkiyat Singh sitting in a pit. As the complainant's party approached, Dal Singh and others stood up and Dal Singh shouted:

(3.) It would appear from the F. I. R. that Dal Singh was the leader of the group and that at his call the shots killing Balbir Singh and injuring Jagroop Singh had been fired. Surprisingly Dal Singh is not named as an accused in this case. It is said a private complaint alleging an offence punishable under S. 302 of the Indian Penal Code has been filed against him. In their evidence before the Court Surjit Singh (P. W. 3) and Jagroop Singh (P. W. 4) repeated what was stated in the F. I. R. concerning the role played by Dal Singh. However in a supplementary statement to police (exhibit D-3) Surjit Singh said: