BALWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By judgment dated 30.10.2004 learned Additional Sessions Judge (Fast Track), Balotara, Camp Barmer convicted the accused appellant for the offences punishable under Sections 148, 302, 449, 324, 323 Indian Penal Code and Section 4/25 of Indian Arms Act. The accused was sentenced for each of the offences as under:- 148 IPC: rigorous imprisonment for one year and a fine of Rs.1000/-, in default of the payment of fine to further undergo imprisonment for three months; 323 IPC: rigorous imprisonment for six months and a fine of Rs.500/-, in default of the payment of fine to further undergo imprisonment for one month; 324 IPC: rigorous imprisonment for one year and a fine of Rs.1000/-, in default of the payment of fine to further undergo imprisonment for three months; 449 IPC: rigorous imprisonment for three years and a fine of Rs.1000/-, in default of the payment of fine to further undergo imprisonment for three months; 302 IPC: imprisonment for life and a fine of Rs.5000/-, in default of the payment of fine to further undergo imprisonment for six months; and 4/25 Arms Act: one year's rigorous imprisonment and a fine of Rs.1000/-, in default of the payment of fine to further undergo three months imprisonment.

(2.) All the sentences were ordered to run concurrently.

(3.) The facts of the case are that accused Balwant Singh, the present appellant, alongwith Swarup Singh, Bhur Singh, Jograj Singh, Sawai Singh and Panne Singh came to hamlet of Khemaram situated in village Oondkhan, district Barmer at about 06:30 PM on 26.2.1989. Accused Balwant Singh was armed with a sword, Swarup Singh was carrying a gun, Bhur Singh was armed with an axe, while remaining three other persons were armed with 'dharias'. All these persons came to hamlet of Khemaram to murder him in order to take a revenge of the murder of Karan Singh which was said to be committed by Khemaram. At that time Khemaram, his mother Smt. Parvati, wife Smt. Gavari, Chandu wife of Bheraram, Khemaram's sons Prakash and Harish, daughters Kamla and Nenu were also present. Immediately on reaching to the dhani, Swarup Singh made an open fire by gun, but that did not hit anyone. Khemaram, who was standing in the hamlet, being scared ran and closed himself in a room situated at first floor. He also bolted the room from inside. The ladies present at the spot requested the attacking party not to kill Khemaram, however, accused inflicted injuries to these ladies and also to the children present. They were saying that Khemaram shall not be left alive. The attacking party including accused Balwant Singh then went upstairs where Swarup Singh made a fire at the door to unbolt the same. Balwant Singh then entered in room and by a sword blow separated the head of Khemaram from the neck and took that in his hand. Balwant Singh came out from room and moved about ten paces and threw the head by saying that this was his offering to Karan Singh, who was said to be murdered by Khemaram. The attacking party then fled from the spot. The separated head of Khemaram then was taken by Prakash, and was placed near remaining dead body.