STATE OF RAJASTHAN Vs. GURBACHAN SINGH

JUDGEMENT

(1.) By the order dtd. 1/5/2009, notice in the special leave petition was confined to the first respondent - Gurbachan Singh. The special leave petition against other respondents was dismissed. Our attention is drawn to the order dtd. 17/12/2008, whereby Criminal Miscellaneous Petition No. 19754/2008 preferred against the acquittal of Manjeet Kaur, stands dismissed. The case and evidence relied by the prosecution against Manjeet Kaur and Jangir Kaur is identical. We are of the opinion and reiterate that the prosecution has not been able to establish its case against Jangir Kaur. Challenge to the acquittal of Jangir Kaur is dismissed.

(2.) The prosecution's case as per the charge sheet is that Teja Singh along with his brother Harbhajan Singh (PW-1) on one side, and Gurbachan Singh along with the co-convicts and brothers Darshan Singh, Balvir Singh, and Manjeet Singh, on the other side were embroiled in a dispute regarding partition of land. On 6/11/2000 at about 5 P.M., Gurbachan Singh and Balvir Singh were ploughing the plot which belonged to water works department. Teja Singh had objected to this, post which, a village meeting was held, in which both Gurbachan Singh and Balvir Singh had left for their home in anger. At about 7:30 P.M. on the same day, Harbhajan Singh (PW-1), and Jasveer Kaur (PW-2) were going to the Gurudwara in the village. At that time, Teja Singh was seen coming from the flour mill of Sohan Lal, which was near the Gurudwara. Thereupon, Gurbachan Singh and Balvir Singh, Manjeet Singh, and Darshan Singh, who hand come armed with 'lathi', 'toka', axe, and 'gandasi' respectively, had beaten and inflicted injuries on Teja Singh, which resulted in his death on the spot. Harbhajan Singh (PW1) had also suffered injuries in the incident.

(3.) First Information Report(For short, "FIR") was filed on the same day, mentions the names of Gurbachan Singh, Darshan Singh, Balvir Singh and Manjit Singh, and also the names of Jangir Kaur and Manjeet Kaur, who were statedly present at the place of occurrence. However, as per the FIR, no specific acts, verbal or physical in nature, were attributed to Jangir Kaur and Manjeet Kaur.