NIRMAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was convicted under sections 302 and 307, I.P.C. and sentenced to undergo imprisonment for life and rigorous imprisonment for 5 years respectively. These sentences were ordered to run concurrently. The High Court confirmed the conviction and sentence, against which this appeal is by special leave.

(2.) The prosecution alleged that on 30-9-1965 at about or 7.15 p.m. the appellant along with his four companions, namely, Arjun Singh, Jeet Singh, Sadhu Singh sons of Jasram and Gola Singh s/o Inder Singh, armed with guns, shot at Mst. Richhpal Kaur wife of Balbir Singh and after she fell down they shot at Balbir Singh, Sarjeet Singh, Kehar Singh and Ravindra Singh, P. Ws 1, 4, 5 and 10 respectively and caused them injuries. When they were being shot in this manner. P. W. 2 Vikram Singh started firing in reply. After the firing continued for some time the appellant and his companions stopped firing and made good their escape. The deceased was put in a cot and the cot was placed in a bullock cart and taken to the Hospital at Ganganagar where she reached at about 9 p.m. The other injured were also taken there. P. W. 2 Vikram Singh went to the police station at Gaganagar to give the First Information Report. After reaching the police station at about 10 p.m. his report was taken down by P. W. 12 Girdhari Singh, S. H. O. which is Exhibit P-1. Immediately thereafter, P. W. 12 proceeded to the hospital and finding that the condition of Mst. Richhpal Kaur was precarious sent for a First Class Magistrate, Shri Bhagwat Swaroop, P. W. 8 to record the dying declaration. P. W. 8 satisfied himself after consulting P. W. 6 Dr. A. S. Gahlot that she was in a fit condition to give the dying declaration and thereafter recorded it between 11.45 and 12 p.m. On the next day, i.e. 1-10-65, P. W. 6 took skiagrams of her abdomen, pelvic region and both thighs and operated upon her. The X-Ray showed four radio opaque gun shot pellets in the various parts of her body. After the operation at about 12 noon on the same day, Richhpal Kaur died. A post-mortem was conducted which showed that there were about 5 internal injuries. Earlier when Dr. Vyas, P. W. 7 examined her, he found about 9 external injuries of which injury nos. 1, 2, 3 and 5 were wounds of entry which were all in the abdomen. She had also some other injuries on her thigh knee joint, femur and the right, buttock. Except for Balbir Singh, Sarjeet Singh, Kehar Singh and Ravendra Singh each had one gun shot wound on his body while Balbir Singh had three gun shot wounds.

(3.) It appears that the accused, the deceased and Balbir Singh were near relations. There was a dispute regarding the possession of a Ahata No. 47 which was pending before the Rajasthan High Court. This dispute gave rise to two factions in the village and proceedings under section 107, Cr. P. C. were going on against both the parties. A complaint dated 30-4-65 (Exhibit P-43), was filed by the S.H.O Girdhari Singh under section 107, Cr. P.C. on the report of the accused Arjun Singh against P.W. 2 Vikram Singh and P.W. 4 Sarjeet Singh and some others. Another complaint dated 25-5-65 (Exhibit P-44) was filed on the report of P. W. 2 Vikram Singh against the appellant Nirmal Singh, his four companies and others. This complaint and counter-complaint were fixed for hearing on the 29th and 30th September 1965. After attending the Court on 30-9-65 they returned to the village on the evening at about 6 p.m. Balbir Singh, P. W. 1 had arranged a dinner for them and at about 7.15 p.m. Vikram Singh, Balbir Singh, Malkiat Singh, Dalip Singh, Darshan Singh of Chak 3G and Kehar Singh of Chak 7G were sitting on cots outside the house of Balbir Singh and were talking to one another while waiting for the diner. In he meantime, the deceased Richhpal Kaur came from inside the house and said that the dinner was ready. As she was saying this, all of a sudden there was gun shot from the roof of Nirmal Singh whose house was just opposite to that of Balbir Singh divided by a lane of 23' width. As a result of this gunshot, Richhpal Kaur was hit in the stomach. Immediately thereafter, P. W. 2 said he noticed Nirmal Singh Arjun Singh, Jeet Singh, Sadhu Singh and Gola Singh standing on the roof armed with guns. A second shot was thereafter fired by Nirmal Singh, The second shot hit Richhpal Kaur in her back and she fell down. Balbir Singh and Kehar Singh tried to lift Richhpal Kuar with a view to take her inside the house. As they were about to do this, all the five accused named above started firing again as a result of which Balbir Singh, Ravendra Singh and Kehar Singh were also hit by pellets. Richhpal Kaur was taken inside the house but the firing continued for about 15 minutes.