SEVA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 21st of April 1977, passed by Sessions Judge, Sri Ganganager by which the learned Sessions Judge convicted appellant Seva Singh for offences under section 302, 148 and 447, I. P. C. , accused Jarnail Singh was convicted under sections 325,148, 326/149 and 447 I. P. C. , accused Mewasingh was convicted under section 148, 326/149, 325/149, 323 and 447 I. P. C. Accused Swarn Kaur was convicted under Section 148, 326/149, 325/149 and 323 and 447 I. P. C. The appellants were tried for offences under sections 302, 148 and 447 I. P. C. while accused Gurjantsingh was tried for offences under sections 148, 447, 302/149 336 I. P. C. and 27 of the Indian Arms Act.

(2.) BRIEFLY stated the facts of the prosecution case are that deceased Mansingh had 12 1/2 Bighas of land situated in sq. No. 7 of village 212 in his possession. On ll th of May, 1974, at about 7 a. m. he along with his brother Jugrajsingh had gone to cultivate his field. When he reached in his field, Gurjant Singh armed with a 12 Bor gun was standing in the field of complainant party. He was accompanied by Mst. Shwarnkaur, Jarnailsingh, Sevasingh & Mewasingh Except Gurjantsingh, all were armed with Gandasis. When the deceased tried to cultivate his field, Jarnailsingh made a fire in the air and asked Swarnkaur, Mewasingh, Sevasingh and Jarnailaingh to kill him, upon which, Swarnkaur ought hold the hair of Man Singh and inflicted injury on his right leg, Seva Singh inflicted Gandasi injury on the head, Mewa Singh inflicted Gandasi injury on the right knee of the deceased. On receiving these injuries deceased fell down and thereafter Jarnailsingh inflcted injury on the shoulder and back of the deceased. This brother Jugrajsingh raised alarm upon which the neighbours Iqbalsingh, Darshansingh and Jeetsingh came there. When they came near Gur-jantsingh again made fire in the air and after making the Fire the accused party ran away. Deceaseds bother also came in the field. The accused persons gave beating to Mansingh on account of the dispute with respect to the land regarding which the litigation was going on between the parties in the Court. Mansingh was brought to Ganganagar hospital by his mother, Iquabalsingh and other cersons and was addmitted in the hospital on 11th of May, 1974 where he died on 22nd of August, 1974. After the admission of Mansingh in the Hospital, his statement was recorded by Bhoorsingh and on the basis of the statement E. X. P. 10 recorded by Shri Bhoorsingh A. S. I. , and under section 307-147, 148, 324, 447, 149, I. P. C. and section 27 of the Indian Arms Act was registered against the appellants and Gurjantsingh. The Police, after necessary investigation, presented challan in the Court of Munsif and Judicial Magistrate, Sri Ganganagar. Initially the chargesheet was submitted on 13th of June, 1974, for the offences under sections ?07, 326. 447, 147, 148 and 149 I. P. C. , but after the presentation of the chargesheet Mansingh died and, therefore, the offence was converted from section 307 to section 302 I. P. C. and the aecused were tried for the offences as mentioned above.

(3.) THE learned Public Prosecutor has supported the judgment of the learned Sessions Judge. According to the learned Public Prosecutor, the possession over the land in question was with the decesased party. THE witnesses produced by the prosecution are fully reliable witnesses and are worthy of credence. According to him, the deceased Mansingh remained throughout in the hospital and cause of his death was on account of the injuries received by him at the time of the incident.