DALIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 13. 2. 87 passed by learned Additional Sessions Judge No. 2, Hanumangarh, in Sessions Case No. 41/85 whereby the learned Additional Sessions Judge No. 2, Hanumangarh while acquitting the accused Mehar Singh for offence under Section 307 read with Section 34 and Section 353 read with Section 34 IPC convicted present accused appellant for offence under Section 307 and 353 IPC and sentenced him as under:- Offences Sentence awarded U/sec. 307 IPC 2 years & 6 months' RI and a fine of Rs. 200/- in default to further undergo 1 month's RI U/sec. 353 IPC 4 months' RI Both the substantive sentences were ordered to run concurrently.

(2.) THIS appeal arises in the following circumstances : (i) On 19. 5. 82 at about 2 p. m. P. W. 2 Najar Singh gave an oral information to P. W. 4 Richhpal Singh, SHO, Police Station Hanumangarh Junction stating that he purchased the disputed land from the accused appellant and his wife Surendra Kaur and "likhatam" of purchasing that land was with him. It was further stated by him that from the court of Munsif Hanumangarh, stay order against the accused appellant was also issued and when he went to his field to irrigate the water, the accused appellant and his father Mehar Singh rushed towards him with a gun and, therefore, he had come to lodge the report. P. W. 4 Richhpal Singh reduced that information into writing in Rojnamcha and the same is Ex. P/5 and after that he proceeded on spot. Further the case of the prosecution is that thereafter P. W. 4 Richhpal Singh along with other police party and along with P. W. 2 Najar Singh and his brother P. W. 1 Guljar Singh reached the disputed field and seeing the police party, the accused appellant fired two shorts towards P. W. 4 Richhpal Singh, but they did not hit him and anybody and thereafter P. W. 4 Richhpal Singh made his identity disclosed to him and also warned him, but he further fired and thereafter since there was no alternative but to defend himself, in defence P. W. 4 Richhpal Singh also fired shots on accused appellant and his father and he also ordered Bhoop Singh to fire and accused appellant filed 16 rounds and when the stock of his cartridge became nil, he was got arrested along with 12 bore gun.

(3.) AFTER the conclusion of the trial, the learned Additional Sessions Judge vide his judgment and order dated 13. 2. 87 while acquitting another accused Mehar Singh,convicted and sentenced the accused appellant as stated above.