UJAGAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21. 01. 1978 passed by the learned Addl. Sessions Judge, Sri Ganganagar by which the learned Addl. Sessions Judge, Sri Ganganagar convicted the appellant u/sec. 302 I. P. C. and awarded a sentence of life imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo one month's Rigorous-imprisonment.

(2.) THE incident which led to the prosecution of the appellant, took place in the night at about 9. 15-9. 30 P. M. on 5. 04. 1977 near Durga Mandir in the town of Sri Ganganagar. THE case of the prosecution as unfolded in the F. I. R. is that the deceased Upendra Singh @ Uppi, Kulwant Singh, Ajayab Singh, Kewal Krishna and Ramchandra met together in the part of the Indira. Gandhi Colony. About a month before the date of the incident, the accused Babli tried to tease one girl upon which Navratan asked him not to do so upon which accused Babli asked Navratan how she is related to you. Ten to fifteen days thereafter, Babli accused gave beating to one Chandu Ram Sindhi near the Canal. Both Chandu Ram and Navratan were the close friends of deceased Uppi. On the date of the incident, at about 9. 15 P. M. Kalwant Singh, Ajayab Singh, Kewal Krishna and Ramchandra were sitting in the park. After some time, Upendra Singh @ Uppi came and said that let us go towards the canal side for walking and from there, we will go for seeing the movie in Adarsh theatre. When they reached near the park of Mukarjee Nagar at about 9-30 p. m. , the accused party came from the other side of the park i. e. from Durga Mandir side and Babli raised 'lalkaar'. At that time, accused Roshan Lal was armed with lathi, Jarnail Singh was armed with a hockey and Mahendra Singh was also armed with lathi while Babli was having a knife in his hand. Immediately thereafter, Ujagar Singh @ Babli caught hold the collar of the shirt of Upendra Singh @ Uppi and inflicted a knife injury on him. After receiving the injury, Upendra Singh @ Uppi fell down. THE accused persons thereafter ran away from the place of the occurrence. Ramchandra called one 'rikshe wala' who was standing there but he refused to carry Uppi and, therefore, Ajayab Singh drove the Riksha. Ramchandra, Kulwant Singh, Kewal Krishna and Ajayab Singh took Upendra Singh @ Uppi to the hospital where he was declared dead. From there, Ajayab Singh and Kewal Krishna remained in the hospital and Ramchandra and Gallant Singh went to the police Station and lodged the First Information Report at Police station Kotwali Sri Ganga Nagar at 10. 35 p. m. On the basis of this report, a case u/s. 302/34 I. P. C. was. registered against Babli, Roshan Lal, Mahendra Arora and Jarnail Singh. THE police after necessary investigation, presented the challan against all the four accused persons. THE learned Addl. Sessions Judge, Sriganga Nagar tried Babli for the offence u/sec. 302 I. P. C. while Roshan Lal Arora, Mahendra Arora and Jarnail Singh were tried for the offence u/sec, 302/34 I. P. C. THE prosecution in support of his case, examined thirteen witnesses and the defence did not examine any witness. THE learned Addl. Sessions Judge after trial convicted accused Ujagar Singh @ Babli for the offence u/sec. 302 I. P. C. and awarded him a sentence of imprisonment for life and a fine of Rs. 100/- and in default of payment of fine to further undergo one month's R. I. THE learned Addl. Sessions Judge however acquitted Mahendra Pal, Roshan Lal and Jarnail Singh of the offence u/s. 302/34 I. P. C. It is against this judgment convicting and sentencing the appellant that the appellant Ujagar Singh @ Babli has filed this appeal.

(3.) NOW, there are three eye witnesses of the occurrence who have seen the occurence and who were with the deceased Uppi right from the public park of Indira Gandhi Colony upto the place of incident when he received knife injury and these three eye witnesses brought Uppi to the hospital. P. W. 7 Ramchandra @ Rami has stated that on 5. 04. 1977 at about 9. 00 P. M. , he, Kulwant Singh and Ajayab Singh were sitting in Indira Park and Kewal Krishna was standing at some distance. They also called him and after about five minutes deceased Upendra Singh also came there. Deceased Upendra Singh then told us that let us go to see the movie in the 'adarsh' theatre in the last show upon which they all started towards the 'adarsh' theatre through the lane of 'ludhiyana wale doctor'. When they reached near the Durga Mandir, accused Roshan Lal, Mahendra, Jarnail Singh and Babli came there. Babli accused raised a 'lalkaar' and caught hold of the shirt of Uppi and inflicted a knife injury on the left side of the stomach of the Upendra Singh @ Uppi. After receiving the injury, Upendra Singh fell down and all the four accused-persons thereafter ran away. Thereafter, Kalwant Singh, Kewal Krishna and Ajayab Singh took Uppi to the hospital in a Riksha. The Riksha was driven by Ajayab Singh as the Rikshawala refused to carry the injured to the hospital Kalwant Singh and Ramchandra the injured in the hands and lap and Kewal Krishna sat behind the Riksha. In the hospital, the Doctor declared Uppi dead. Thereafter, Ajayab Singh and Kewal Krishna remained in the hospital and Kalwant Singh and Ram Chandra went to the Police Station and lodged the F. I. R, Similar is the statement of P. W. 8 Kalwant Singh and P. W. 9 Kewal Krishna and both the witnesses have fully corroborated the evidence of P. W. 7 Ramchandra on all points. They have been cross examined by the counsel for the accused appellant at length but nothing has come on record from which any inference can be drawn that these witnesses are not reliable witnesses. Their evidence has not been shaken in the cross examination. The learned trial Court in his judgment has discussed the evidence of these witnesses at length and after careful consideration and close scrutiny of the evidence, found these witnesses as truthful witness. After careful reading of the evidence of these three witnesses, we are in agreement with the conclusion of the learned Addl. Sessions Judge that these witnesses are truthful witnesses. They were with the deceased right from the Indira park and brought Uppi to the hospital and immediately after the death lodged the F. I. R. at the police station, Kotwali, Sriganganagar. They cannot be disbelieved merely because certain criminal cases are pending against them. These witnesses did not assign any overt act to the other three accused and on that count, they were acquitted. In this view of the matter, we are of the opinion that these three eye witnesses are truthful and reliable witnesses and their evidence inspires confidence.