GURDAS SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Sri Ganganagar dated 10-6-1977 passed in Sessions case No. 133/75, convicting the appellants for offence under Sections 302/149. IPC, and sentenced them to imprisonment for life and to pay a fine of Rs. 100/- in default of payment of fine to further undergo one months rigorous imprisonment. The first appellant Gurdas Singh has also been convicted for offence under Sections 307, IPC. and sentenced to 10 yearsT rigorous imprisonment, whereas the second appellant Darshan Singh has been convicted for offence under Section 307/149. IPC, and sentenced to suffer 7 years rigorous imprisonment. Both these appellants have also been convinced for offence under Section 449, IPC and sentenced to imprisonment for life. They have also been convicted for offence under Section 148. IPC and sentenced to two years rigorous imprisonment. Lastly, they have been convicted for offence under Section 27 of the Arms Act and sentenced to two years rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) Briefly stated the prosecution case is that on June 8. 1971. at about 9.30 p.m. one Naib Singh lodged an oral First Information Report at Police Station, Gajsinghpur, stating inter alia that at about 4.30 p.m.. Dhanna Singh (deceased). PW-4 Ajaib Singh. Tota Singh (deceased). PW 5 Mahendra Singh. PW 6 Mst. Murti Kaur her mother and Jagdev Singh (deceased) all residents of Lalvahi, were in the drawing room (Baithak). ]agdev Singh (deceased) and Dhan Singh (deceased) were sleeping. Others were sitting and gossiping. His uncle Chanan Singh owned 18 Bighas of land in village Sangrana: Out of 18 Bighas of land he sold 12 Bighas to Bikar Singh, father of accused Gurdas Singh. Bikar Singh. after purchasing 12 Bighas of land, further forecibly took possession of the rest of the 6 Bighas of land of Chanan Singh. This spoiled the relationship between the two families. It is alleged that two months prior to the date of the incident, possession was taken back of the land in dispute from Bikar Singh. Thus, Bikar Singh alongwith Gurdas Singh etc. formed a group against the victim party. It is further alleged that on the date of the incident, at about 9.30 p.m., Gurdas Singh s/c. Bikar Singh armed with a 12 bore gun, Gurdas Singh, Sampurn Singh (appellant), armed with a knife, Baba Singh with 12 bore gun, Darshan Singh (Appellant) with 12 bore gun and Jaswant Singh with 32 bore revolver met him in their house, took position on the western gate, Gurdas Singh Sb. Bikar Singh shot fire two rounds, hitting Dhao Singh. Bawa Singh shot fire 2-3 rounds, hitting Jagdev Singh, on account of which Naib Singh and Tota Singh ran inside the room to save their lives. Gurdas Singh Sb. Bikar Singh entered in the room and caught Tota Singh and fired at him from a close range, on account of which he fell down. When Naib Singh and Ajaib Singh reached their residential house, Darshan Singh fired at them, which hit right hand of Ajaib Singh. Ajaib Singh and Naib Singh jumping wall of the house of Thakar Singh, ran away. PW 3 Thakar Singh was standing in the compound of his house. On this information, Police registered a case for offence under Sections 302, 307, 452, 147, 148 and 149, IPC. The Police reached on the spot and prepared the inquest report. The dead bodies of Dhanna Singh, Tota Singh and Jagdev Singh were sent for post mortem. After investigation, the police arrived at the conclusion that both the appellants Gurdas Singh and Darshan Singh sons. Sampurn Singh did not participate in the alleged crime. Thus, the police submitted a report against both the appellants under Section 169, Cr. P.C., which was accepted by the learned Magistrate. The police, however, submitted charge sheet against appellants Gurdas Singh s/c. Bikar Singh, Bawa Singh s/o. Bhagwan Singh and Jawant Singh s/c. Baisakh Singh. The three accused persons were tried by the Sessions Judge. Sri Ganganagar. The learned Sessions Judge, Sri Ganganagar by his judgment dated January 11, 1973 found the charges proved against the three appellants and, accordingly, convicted them for offence under Sections 302, 302/149 and allied offences. Accused Gurdas Singh and Bawa Singh were sentenced to death. Accused Jaswant Singh was sentenced to imprisonment for life. The learned Sessions Judge made a reference to the High Court for confirmation of the death sentence. The Division Bench of this Court by its judgment dated September 7, 1973 modified the judgment only to the exigent of converting the death sentence of Bawa Singh to life imprisonment. The death sentence to Gurdas Singh sb. Bikar Singh was confirmed. While disposing the appeal, the Division Bench of this Court observed that the investigating agency committed illegality in recording the verdict of innocence in favour of Gurdas Singh and Darshan Singh, both sons of Sampurn Singh. The Court directed to take proper action against Gurdas Singh and Darshan Singh, sons of Sampurn Singh. The matter was carried in appeal to the Apex Court. As far as the conviction of the three accused persons is concerned, the same was upheld by the judgment of the Supreme Court dated April 15, 1975. The Court, however, committed the sentence of death of Gurdas Singh s/c Bikar Singh also to imprisonment for life.

(3.) In view of the observations of the Division Bench of this Court and approved by the Supreme Court the police laid charge sheet against the appellants for offences under Sections 148, 149/302, 449, 307/149. IPC and Section 27 of the Arms Act.