STATE Vs. LADHU SINGH

JUDGEMENT

(1.) THE deceased Bhoor Singh and his brother Khuman Singh had an ancestral house in the village Kaya, Police Station Nai. Partition of the house had taken place between Khuman Singh and Bhoor Singh some time back. Ladhu Singh started living in the village Kaya. He purchased that portion of the house which had gone to Khuman Singh in partition. Pratap Singh (accused No. 2) was the domestic servant of Ladhu Singh. Thavra (accused No. 3). who was a village Barber, was also somehow associated with Ladhu Singh. Mst. Manak Bai (accused No. 4), widow of Mangu Singh started living with her husband's brother Ladhu Singh. Ladhu Singh was alleged to be carrying on the business of producing illicit liquor and selling the same. He was entangled in a criminal case on that account. In that case Bhoor Singh was the principal witness' examined on behalf of the prosecution. It is for this reason that Ladhu Singh got annoyed and commenced harboring enmity against him.

(2.) ON June 24, 1968, at about 4 a. m. Bhoor Singh was returning home from his 'Mahuwavala' field. Ladhu Singh, Pratap Singh, Thavra and Manak Bai set out from their residence for going to the agricultural land of Bhoor Sing. Ladhu Singh was armed with a 12 bore double barrel gun. Both Pratap Singh and Thavra were having with them a muzzle loading gun. While proceeding towards the field of Bhoor Singh, Ladhu Singh was hurling vulgar abuses at him. When the party reached somewhere near Ram Singh's house Pratap Singh and Thavra happened to see Bhoor Singh from a distance, Both of them told their leader Ladhu Singh - -'here comes Bhoor Singh'. After seeing Bhoor Singh, Ladhu Singh loaded his gun and fired a shot at him, as a result of which he was badly injured and died instantaneously on the spot. Soon after Ladhu Singh's party saw Som Singh S/o Bhoor Singh coming towards his house. As soon as Som Singh arrived near Ram Singh's house, Ladhu Singh also fired a shot at him. Ladhu Singh then reloaded his gun and fired another shot at him. Som Singh fell down injured. Some pellets of the second shot fired by Ladhu Singh on Somsingh also hit Mst Kesri w/o Sadda, (PW9). Mat. Hirki (PW 10) and Mst. Kesri w/o Khatu (PW 11 All the accused then returned to the house of Ladhu Singh. Sometime later they left Kaya by a service bus proceeding from Rakhabdeo to Udaipur.

(3.) SOMSINGH was medically examined on June 3, 1968 by Dr. Pahwa. wa vide Ex. P. 21. Following injuries were notice on his person: