MOTHU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred to assail validity correctness and propriety of the judgment and order dated 19.1.2005, passed by the learned Addl. Sessions Judge, Nohar District Hanumangarh convicting accused Mothu Singh for the offence punishable under Section 302/34 IPC and accused appellant Jagga Singh for the offence punishable under Section 302 IPC. Both the accused as a consequent to the conviction recorded as aforesaid are sentenced to undergo imprisonment for life term with a fine of Rs.10,000/-, and further to undergo three years additional imprisonment in the event of default in payment of fine. The accused Jagga Singh by the same judgment and order is also convicted for an offence punishable under Section 27 of the Arms Act and sentenced to undergo 3 years rigorous imprisonment with a fine of Rs.1000/- and further to undergo three months additional imprisonment in the event of default in making payment of fine.

(2.) Briefly stated, facts of the case are that on 7.9.2002 at about 6.30 pm a first information report was lodged at police station Sangaria as per oral statement (Ex.P/18) of one Sh. Major Singh S/o Deedar Singh (PW-5). As per document Ex.P/18 some dispute occurred on 31.7.2002 relating to closure of water outlet by Teni S/o Amarjeet Singh, consequent thereto a criminal case was lodged in police station Sangaria on 1.8.2002. Mothu Singh S/o Amarjeet Singh, Jagga Singh @ Sukhmender Singh and Gagandeep Singh S/o Fakeer Singh being annoyed with the case aforesaid armed with weapons were moving around the fields of the informant party, armed with weapons with an intention to kill them. On 7.9.2002 one Gurdeep Singh came to the place of informant along with whom informant Major Singh went to village Kikarwali to purchase some domestic goods. At about 5.30 pm Gurdeep Singh and Mothu Singh reached at the shop of Mohan Singh, where Heera Singh (deceased) younger brother of Mothu Singh came on a mare and at that time Mothu Singh and Jagga Singh also reached at the spot. Mothu Singh then gave a slap to Heera Singh and Jagga Singh @ Sukhmender Singh fired a gun shot on the chest of Heera Singh. Heera Singh fell down in front of the shop of Mohan Singh and both the accused persons fled away from the spot on their motor-cycle. On basis of the information aforesaid a case was lodged, investigation was made and a charge-sheet as per provisions of Section 173 Cr.P.C. was filed. The case being exclusively triable by the Court of Sessions was committed to it. The charges framed by the court were denied by the accused persons, therefore, regular trial was conducted.

(3.) During the course of trial prosecution supported its case with the aid of 18 witnesses, out of whom PW-5 Major Singh, PW-6 Gurdeep Singh, PW-9 Angrej Singh were cited as eye-witnesses. PW-10 Ramdev Singh being investigating officer narrated all the steps taken during the course of investigation. PW-7 Dr. Mrs. Sushila was one among the Board of Doctors, that conducted autopsy on the body of deceased Heera Singh, thus, she proved the postmortem report Ex.P/22. She also stated about other medico legal aspects of the matter. The prosecution also produced 33 documents before the court to get their contents established. As per provisions of section 313 Cr.P.C. the accused appellants availed opportunity to explain all the circumstances available adverse to them in prosecution evidence. They denied whatever material available against them in the prosecution evidence, and pleaded their innocence. Three documents, Ex.D/1 (statements of Sh. Munshi Ram under Section 161 Cr.P.C.), Ex.D/1 (statements of Major Singh recorded as per provisions of Section 161 Cr.P.C.) and Ex.D/2 (statements of Grudeep Singh recorded under Section 161 Cr.P.C.) were produced in defence. Learned trial court after examining the entire evidence available on record held the accused appellants guilty for the charges levelled, accordingly, convicted and sentenced.