RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals are disposed of by this common judgment as they arise ofthe same judgment passed by learned Sessions Judge, Bharatpur on 17.9.80, whereby he convicted the accused-appellant, Rajendra Singh for offence under S. 301 Part-I I.P.C. and sentenced him to 10 years rigorous imprisonment and a fine of Rs. 1000.00, in default of payment of fine he was directed to further undergo three months rigorous imprisonment. Accused Rajendra Singh was further convicted for offence under S. 323 Penal Code and sentenced him to six months rigorous imprisonment and a fine of Rs. 200.00, in default of payment of fine to further undergo 15 daysimprisonment. Both substantive sentences were made to run ton-currently.

(2.) Brief facts giving rise to these appeals are that an FIR was lodged at police station Nadbai on 5.7.1979 by one Govind Singh son of Bhagwat Singh wherein it was alleged by him that he is a resident of village Nama. His son Harveer had gone to answer the call of nature at 6.00 AM and while he was returning he was way laid by Rajendra Singh son of Bhagwat Singh, by caste Jat and his brother-in-law (loosei) Ghamandi resident of Chimni. Rajendra was armed with a gun and Ghamandi was armed with a lathi. Rajendra told his son to get ready and saying to fired at him. The ballet hit Harveer on his tample region. He prayed for help and fell down. When he fell down Ghamandi beat him by lathi. Hearing the cries his wife Kistoori and his two daughters, Chanda and Vimla along with his mother Nangi rushed to the spot and they too were beaten Rajendra and Ghamandi. He also subsequently reached there and he too was not spared. Number of persons from the village gathered and Jeevan Singh and Parasram intervened. They also sustained injuries. Harveers condition was precarious; hence on receipt of this report a case for offence under Sections 326, 307 & 323 Penal Code was registered. On next day, i.e., on 6.7.79 Harveer succumbed to the injuries in Bharatpur hospital aid the case was converted into one under S. 302 IPC. Incharge, Kotwali, Bharatpur was informed by Medical Jurist, Govt. Hospital, Bharatpur vide Ex.P.6 that Harveer had died at 6.30 P.M who was admitted with tun shot wound and therefore, necessary proceedings be taken. In postmortem the Dr. found stitched wound (multiple) During post-mortem examination the Doctor got the head X-rayed because the patient was admitted in the hospital with gun shot injury on the head but there was no evidence of any pallet or bullet inside, though, of course fracture was detected. It is pertinent to mention here that prior to Harveer sending to Bharatpur for further medical examination he was medically examined at Nadbai in Government Hospital and the injury report prepared is Ex. P. 15 which contains the history of a gun shot injury on the left face, hence he had also referred the case for X-ray. Vimla, Chanda, Kastoori, Jeevan Singh Govind Singh and Bhan Kanwar were also medically examined and injuries by blunt object were also found on their persons. After completion of investigation the police filed charge sheet against Rajendra Singh and Ghamandi Singh for offence under Sections 302, 326, 325, 323 and 34 Penal Code in the court of learned Judicial Magistrate No. 2, Bharatpur who committed them to Sessions. Accused Rajendra Singh was charged for offence under Sections 302 and 323 IPC, while Ghamandi Singh was charged for offence under S. 302 read with S. 34 and S. 323 IPC. The accused pleaded not guilty and claimed to be tried-

(3.) The prosecution in support of its case examined 19 witnesses. Accused Rajendra Singh in his statement under S. 313 Crimial P.C. submitted that he has been falsely implicated in the case. In fact he had been beaten by Govind Singh, Harveer. Chanda, Vimla and Jeevan Singh as a result of which he had sustained injuries on the head and over the eyes. When his wife learnt about it that he is being beaten she came to his rescue and she snatched the lathi from Kastoori and warded of the opposite party by lathies and Harveer etc. had sustained injuries in the process. He stated that his injuries were medically examined and so also that of his wife. Accused Ghamandi Singh has also completely denied the occurrence in his statement under S. 313 Crimial P.C. Accused led evidence in their defence and examined Kastoori, wife of accused Rajendra Singh in their defence. Learned Sessions Judge came to the conclusion that the story of gun firing and hitting the gun shot on the tample of the deceased Harveer Singh is not an honest version of the prosecution and the prosecution witnesses have exaggerated the case to that extent. Learned Sessions Judge also came to the conclusion that the prosecution has failed to prove the multiple injuries sustained by the accused Rajendra and his wife Kastoori which are proved by the statement of Dr. V. K. Sharma, P. W. Learned Sessions Judge also came to the conclusion that the prosecution has proved that Rajendra inflicted injuries by lathi on the person of Harveer, as a result of which he died and he also caused injuries on Vimla Chanda, Goving Singh and Jeevan Singh but has failed to prove that Ghamandi Singh also shared common intention with Rajendra in inflicting the injuries and it is not established that he caused injuries to anybody Learned Judge came to the conclusion that there is no evidence to suggest that case falls within the ambit of S 302 Penal Code and case falls in explanation (4) to S. 00 Penal Code making the case punishable under S. 304 Part I IPC. Learned Sessions Judge, therefore, acquitted the accused Ghamandi Singh of all the offences but convicted and sentenced the accused Rajendra Singh as indicated above.