JAI SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of Shri Gyan Prakash Pandey, Additional Sessions Judge, Nohar, dated 27 -10 -1986. In all, 11 persons including the present ten appellants, namely, Jai Singh, Ram Swaroop, Amar Chand, Kashi Ram, Daula Ram alias Dalo Singh, Dariya Singh, Inder Singh, Hardeva Ram, Fateh Singh and Bhadar were put up for trial before the learned Additional Sessions Judge exercising jurisdiction within Sessions Division, Sri Ganganagar, for various offences in respect of an incident said to have taken place in the fore noon of 15 -9 -1984 on the outskirt of village Sardarpura Bas near or about the Khala in the field of one Poorna Ram Kanvasara in which PW 1 Smt. Vimla and PW 5 Smt. Santaro were injured and Smt. Vimla's brother and Smt. Santaro's brother -in -law Om Prakash end Mange Ram, as also one of their relatives Budh Ram were killed by use of fire arms. The learned Additional Sessions Judge acquitted co -accused Ram Singh of all the charges levelled against him but convicted and sentenced the present appellants as under:

(2.) BRIEFLY stated, the prosecution story is that one Budh Ram Beniwal owned about 102 Bighas of land on the outskirt of village Sardarpura Bas. This Budh Ram Beniwal died issueless and Harpat Ram father of PW 1 Smt. Vimla and deceased Om Prakash and Mange Ram started cultivating this land. Harpat Ram also died later on with the result that brother of Smt. Vimla, namely , Om Prakash, Mange Ram, Sat Prakash and others started cultivating this land. This land was being claimed by Jai Singh appellant. Appellants Inder Singh, Hardeva Ram, Fateh Singh and Dariya are brothers of this Jai Singh Appellant Ram Swaroop is maternal uncle of appellant Jai Singh. Appellants Daula and Kashi are real brothers and are cousins of Jai Singh. Because of the dispute regarding possession of the aforesaid land, appellant Jai Singh formed a group consisting of his brothers, cousins, maternal uncle and some Bishnois. This group was on inimical terms with Om Prakash, Mange Ram and others brothers of PW 1 Smt, Vimla.

(3.) THE prosecution story further is that Smt. Vimla went to her dhani and escorted by her niece, left for village Badi Gandhi, from there she boarded a bus and went to Bhadara Hospital where she get herself examined and also received some first aid. That day at about 6.15 p m. PW 8 Pala Ram then in -charge Police Station, Bhadara, received a written report from the Government Hospital. Bhadara intimating that Smt. Vimla had been admitted in the Hospital in an injured condition. On this, Shri Pala Ram proceeded to the Government Hospital, Bhadara, where Smt. Vimla was hospitalised. He recorded her statement Ex. P 1 and sent the same to the Police Station, Bhirani, with PW 9 Makhan Lal because the incident had taken place within the jurisdiction of Police Station, Bhirani, and not within the jurisdiction of his Police Station, Makhan Lal reached Police Station, Bhirani, the same evening and banded over Ex.P 1 to Shri Sant Lal PW 13, who was then in -charge of the Police Station, Bhirani. The same day at 8 p m., Sant Lal PW f 3 recorded a formal FIR Ex.P 9 on the basis of Ex.P 1 and registered a case Under Sections 302, 307, 147, 148, 149 and 379, 1PC and 27 of the Indian Arms Act. After recording this formal FIR, Sant Lal PW 13 proceeded to the Government Hospital at Bhadara and recorded statement of Smt. Vimla Under Section 161, Cr PC. He then proceeded to the scene of occurrence. How ever, since night had fallen, he deputed some Police personal to keep a guard at the site and returned. He went to the scene of occurrence again next day is the morning. He found dead bodies of Om Prakash, Mange Ram and Budh Ram lying at the scene of occurrence. He made a detailed site inspection and prepared site plans Ex.P 26 and Ex P 27 and memos Ex P 26A and Ex.P 27A pertaining to such site inspection.