KUNDAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are directed against the judgment dated 18.5.1992 of the learned Additional Sessions Judge, Raisinghnagar, in Sessions Case No. 29/1988 convicting the appellant of the offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 200/ - and in default of payment of fine to further undergo two year's rigorous imprisonment. Appellant has also been convicted on the offence under Section 27 of the Arms Act and sentenced to three year's R.I. and to pay a fine of Rs. 200/ - and in default to further undergo one month's R.I. Both the substantive sentences have been ordered to run concurrently. While the accused appellant has preferred the appeal challenging the conviction and sentence, the State has preferred the appeal for enhancement of the sentence.

(2.) THE prosecution case as disclosed during the trial is as follows:

(3.) APPELLANT denied the charges levelled against him and claimed trial. The prosecution in support of the case examined eighteen witnesses and produced number of documents. In statement under Section 313 of the Code of Criminal Procedure, appellant denied the correctness of the prosecution evidence appearing against him. He stated that the alleged eye witnesses are giving false statements against him under the pressure of the police so that they may not be charged for murder of Ram Narain and Omprakash. He also stated that when he was incharge of the outpost at K.K. Tiba, there was curfew; on the border during night. Nobody was permitted in the border area. There were oral directions that a full vigilance be kept so that not terrorists may cross the border. He established outposts at various places and posted jawans on those outposts. In the night at about 11.30 from the side of the border pillar No. 379/3, there was a gun shot fire. He went out with his patrolling party to alert jawans posted on different outposts. When he reached near 15 -H, he noticed a suspicious movement from the border side. They took the position and in defence, fired, on account of which two persons died on the spot and other intruders taking advantage of the darkness, succeeded in escaping towards Pakistan. He immediately informed the Company Commander Shri Hari Chand, Mahendra Singh, Assistant Commandant, reached on the spot. They made an enquiry from everyone and also inspected the site. In the morning, Battalion Commander Shri Murlidhar arrived. He also enquired into the matter. The Dy. Commandant Shri Ingle gave information of the incident to the police. He produced the said F.I.R. Ex.D.8. He also stated that he did not know Omprakash and Ram Narain. He was posted in the area only one week before. He also stated that a large number of persons had assembled. There was lot of pressure on the police of the villagers. Thus is satisfy the villagers and their political leaders, a false case has been foisted against him.