KAKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Kakasingh was tried for the offences under section 302 Indian Penal Code and sections 25 and 27 of the Arms Act by the learned Sessions Judge, Sri Ganganagar. By his judgment dated 13.8.74 learned .Sessions Judge convicted the appellant for the aforesaid offences and sentenced him to imprisonment for life on the first count, three years rigorous imprisonment on the second count and five years rigorous imprisonment on the third count with an order that all the sentences shall run concurrently.

(2.) Briefly stated the facts of the case leading to the trial of the appellant were as under :

(3.) Sohanlal co-accused (accused by the learned Sessions Judge) had enmity with deceased Jagtarsingh. On 24.5.73 Sohanlal gave some money to Kakasingh and supplied him a pistol and cartridges to commit the murder of Jagtarsingi Appellant Kakasingh is said to be not on good terms with his father Gyansingh, Jagtarsingh was alleged to have sided Gyansingh in that quarrel and therefore Kakasingh was inimical to Jagtarsingh. On 25.5.73 appellant Kakasingh left his village-Burjwala in a bus going to Karanpur. Jagtarsingh also was travelling in that bus. Mst. Banso (P.W.2) sister of Kakasingh, their mother Mst. Pale also boarded that bus from a place near the bridge at some distance from the village. The bus reached Karanpur in 15 or 20 minutes at about 9.00 a.m. The bus stopped near Gandhi Park in Mandi Karanpur. Jagtarsingh alighted from the bus and was dusting off his clothes. Kakasingh appellant also alighted from the bus and fired a shot towards Jagtarsingh which hit him on the chest and caused a number of injuries on his person. Appellant then reloaded the pistol and again fired it but the shot missed the fire. On account of sustaining gun shot-injuries Jagtarsingh fell down. Hanumanaram Constable (P.W.5) who was also travelling in the same bus and had also alighted there immediately caught hold of the appellant and snatched the pistol from his hand. Jeetsingh (P.W. 12) driver of the bus while getting down from the door of the bus towards the driver side heard the report of the gun fire and then on going towards the other side of the bus saw Jagtarsingh in an injured condition. He, therefore, rushed to the Police Station, Karanpur and lodged a report which was recorded in the daily diary by Jagmalaram Sub-Inspector (P. W. 14). Gurbachansingh (P.W.l) brother of deceased Jagtarsingh and Gurpalsingh (P.W.3) were there at the bus stand awaiting for Jagtarsingh. Gurbachansingh with the help of others lifted the body of Jagtarsingh and took him to the hospital in a trolly where he breathed his last. Jagmalaram, Station House Officer went to the hospital along with the Magistrate for getting the dying declaration recorded in case Jagtarsingh was still alive, but Jagtarsingh had already succumbed to the injuries sustained by him. Jagmalaram, Station House Officer recorded the statement of Gurbachansingh (Ex. P. 3) and sent it to the Police Station for registering the case. While on his way back to the Police Station, Hoshamsingh gave him the copy of the First Information Report (Ex.P.8) scribed by Head Constable Ram Karan (P.W. 6).