MAINA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal of Maina Singh arises out of the judgment of the Rajasthan High Court dated April 21, 1971 upholding the trial court's judgment convicting him of an offence under Section 302 read with Section 34, I. P. C. for causing the death of Amar Singh and of an offence under Section 326, I. P. C. for causing grievous injuries to Amar Singh's son Ajeet Singh (P. W. 2), and sentencing him to imprisonment for life for the offence of murder and to rigorous imprisonment for three years and a fine of Rs. 100/- for the other offence.

(2.) The deceased Amar Singh and accused Maina Singh and his three sons Hardeep Singh, Jeet Singh and Puran Singh used to live in "chak' No. 77 GB, in Ganganagar district of Rajasthan while Narain Singh used to live in another 'chak'. It was alleged that the relations between Amar Singh and Maina Singh were strained, as Maina Singh suspected that Amar Singh was giving information about his smuggling activities. Amar Singh was having some construction work done in his house and had engaged Isar Ram (P. W. 3) as a mason. On June 29, 1967, at about sunset, the deceased Amar Singh, his son Ajeet Singh (PW 2) and Isar Ram (PW 3) went to the 'diggi' in 'murabba' 35 for bath. Ajeet Singh took his bath, and was changing his clothes and Isar Ram was nearby, Amar Singh was cleaning his 'lota' after attending the call of nature. It is alleged that at the time Maina Singh and his three sons Hardeep Sing, Jeet Singh and Puran Singh came to the 'diggi' along with Narain Singh. Maina Singh was armed with a 12 bore gun, Puran Singh with a 'takua' and the other three with 'gandasis'. Maina Sing fired at Amar Singh, but could not hit him. The gun shots however hit Ajeet Singh (P. W. 2) on his legs and he jumped into a dry water course which was nearby to take cover. Maina Singh fired again, but without success. Amar Singh ran towards the sugarcane field crying for help but was chased by the accused. Ajeet Singh thereupon ran towards 'chak' No. 78 GB and ultimately went and lodged a report at Police Station Anoopgarh at 10 p.m. after covering a distance of about six miles. The five accused however followed Amar Singh; Maina Singh fired his gun at Amar Singh and he fell down. The other accused went near him and gave 'gandasi' blows, and Maina Singh gave a blow or two with the butt end of his gun which broke and the broken pieces fell down. Amar Singh succumbed to his injuries on the spot, and the accused ran away.

(3.) On the report of Ajeet Singh about the incident which took place by the time he left for the police station, the police registered a case for an offence under Sec. 307 read with Section 149, I. P. C. and started investigation. The body of Amar Singh was sent for post-mortem examination. The report Ex. P. 9 of Dr. Shanker Lal (P. W. 5) is on the record. The injuries of Ajeet Singh (P. W. 2) were also examined by Dr. Shanker Lal and his report in that connection is Ex. P. 10. It was found that there were several gun shot injuries, incised wounds and lacerated wounds on the body of the deceased, and there were as many as 12 gun shot wounds on the person of Ajeet Singh (P. W. 2). All the five accused were found absconding and could be taken into custody after proceedings were started against them under Sections 87 and 88, Cr. P. C. Maina Singh held a licence for gun Ex. 23 and led to its recovery during the course of the investigation vide memorandum Ex. P. 43.At that time, its butt was found to be missing. Its broken pieces had however been recovered by the investigating officer earlier, along with the empty cartridges.