STATE OF RAJASTHAN Vs. GAJJAN SINGH

JUDGEMENT

(1.) THIS State appeal is directed against the judgment dated 12.1.1978 passed by the Addl. Sessions Judge, Sri Ganganagar acquitting the accused respondents of offence under Sections 302, 307, 148, 149 and 27 of te Arms Act.

(2.) THE prosecution case in brief is that PW/1 Avtar Singh lodged the F.I.R. Ex. P/1 at Police Station Anoopgarh on 24th May, 1975 at 3.15 P.M. stating interalia that he alongwith the deceased Hardayal Singh and Nirmal Singh after taking lunch at about 1.30 P.M. had gone to meet his father -in -law Ajayab Singh at the village 58 G.B. PW/2 Suchha Singh also followed them but he was 22 -25 steps behind them. When they reached near the 'culvert' all the accused persons Gajjan Singh, Kalwant Singh, Surjan Singh, Dalip Singh and Swroop Singh surrounded them. Seeing them, PW/2 Succha Singh ran away towards his house. They also tried to run away. Nirmal Singh tried to run away but, he was hit by a gun fire. It was also stated that Nirmal Singh tried to run away but Pakhar Singh exhorted to kill him, saying that he should not escaped alive. On this, Gajjan Singh and Surjan Singh fired, which hit him as well as Hardayal Singh. Hardayal Singh fell down. There was a second fire which struck on his shoulder. It was also stated that the accused persons asked Nirmal Singh and Hardayal Singh to enter in their house. On this information, police registered a case of offence under Section 302, 307, 147, 148 and 149 read with Section 109 IPC and Section 27 of the Arms Act. After usual investigation police laid chargesheet against the accused Gajjan Singh, Kalwant Singh, Arjun Singh, Surjan Singh, Swroop Singh, Dalip Singh and Pakhar Singh for the aforesaid offence.

(3.) WE have heard learned Public Prosecutor and Mr. Kharlia, learned Counsel appearing for the accused respondents.