STATE Vs. RAM SINGH

JUDGEMENT

(1.) THIS was an appeal by Ram Singh Constable of the Treasury Guard Police Station Rohru. against the order of his conviction sentencing him to death, for the offence of murder punishable under Section 302. I. P. C. There was the usual Reference by the State for the confirmation of the death sentence. After hearing the learned Counsel and after a careful perusal of tile record, we have maintained the conviction, but have altered the sentence by reducing it to life imprisonment. We accordingly rejected the reference for confirmation of death sentence. We pronounced the judgment and proposed to give our reasons at a later date. We are now giving our reasons for the judgment which we have already pronounced.

(2.) THE prosecution case was, that Ram Singh was posted as Constable of the Treasury Guard at Police Station, Rohru. and on 17th of July. 1970, his duty hours were 9. 00 p. m. to 12. 00 mid. night, one of the rooms in the premises of the Police Station was utilized for the Treasury and the Guard was required to be on his beat within the verandah which is in front of the treasury room. Ram Singh had taken charge of the rifle (Ex. P-1) of 303 bore, and 25 rounds from Cheori Ram Constable whose duty hours were 6. 00 p. m. to 9. 00 p. m. According to the prosecution one and the same rifle along with 25 rounds used to pass on from one constable to another although the rule was that every constable was to be issued a separate rifle with a separate set of 25 rounds. This practice was followed to meet the convenience of the constables who were otherwise to be made responsible for individual rifle and rounds issued to them and as such Could not move about freely during off duty hours. Biri Singh deceased was posted on that day as Moharir Head Constable and had gone to his room which existed over the upper storey of the Police Station Building. In front of the room of Biri Singh a verandah existed and inside this verandah a window was opening towards the compound of the Police Station. The prosecution case is, that Biri Singh had stood by the side of the window and urinated from there. The urine came down to the compound of the Police Station. Bam Singh was patrolling inside the verandah. Kanshi Ram Constable was deputed for night duty and he was available in the office of the Police Station. He had in fact spread out his charpoy inside the very verandah. Upon seeing Biri Singh urinating in that condition, Ram Singh abused him and remarked that donkeys and horses were not residing underneath and that he should not urinate from above, meaning thereby that insanitation should not be caused within the compound of Police Station. It is nobody's case that the urine had actually splashed over Ram Singh. After this talk which took place between Ram Singh and the deceased Biri Singh, they started abusing each other. It is stated that filthy abuses were exchanged and they went on abusing each other for about 20 or 25 minutes. During this interval, Kanshi Ram wanted to intervene and to stop them from abusing each other. When they did not desist Jagat Ram Constable was summoned by Kanshi Ram, He was available inside his room and was playing a radio. He came out and intervened. He asked both of them to stop abusing each other. It is stated that Ram Singh pointed the rifle towards Biri Singh and stated that he would shoot Mm with that rifle. Still Biri Singh went on abusing and when Jagat Ram wanted to snatch the rifle, he was threatened by Ram Singh who said that in case he would interfere he would also be shot. Jagat Ram once again made an attempt to snatch the rifle but Ram Singh pushed him aside. All along the abuses continued and it is stated that Ram Singh took out five rounds from his charger. dip and loaded the rifle. Thereafter he aimed the rifle towards BM Singh and fired from the compound. The bullet hit Biri Singh on the chest near the right nipple and passed through the body causing his instantaneous death. Sant Ram Constable had his room adjoining the room of the deceased and he came out after hearing the shot of the rifle. He summoned Vermani and Ishwari Singh of the Forest Department. They resided in front of the Police Station and were noticed in their house by Sant Ram. Those two witnesses came to the spot and went near the body of the deceased. Kanshi Ram and Jagat Ram Constables narrated the entire story to them as to how the murder was committed.

(3.) MEANTIME it is stated, Ram Singh went inside the room of Sis Ram Constable who was to resume duty from 12-00 mid. night. He woke him up and stated that he should take the rifle and the rounds and resume his duty immediately although the time was only 10-00 P. M. Sis Ram accordingly took the rifle and file rounds. Before that, it is stated Ram Singh had entered his own room and there he met Bhim Singh Constable who was his friend and colleague. He took out something from his box and passed on the same in a polythene envelope to Bhim Singh Constable telling him that his life was in his hands. Sant Ram had already deputed Sher Singh and Roshan Lal Constables to arrest the accused. These two constables went to the room of the accused and hand, cuffed him there. These two constables also saw the polythene envelope being handed over to Bhim Singh.