KULWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 22.1.1998 passed by the Sessions Judge, Hanumangarh convicting the appellants Kulwant Singh for offence under Section 302 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/ -; in default of payment to further undergo three months simple imprisonment. Appellant Jaswant Singh has been convicted for offence under Section 302/34 I.P.C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 500/ -; in default of payment to further undergo three months simple imprisonment.

(2.) THE prosecution case as unfolded during the trial is that out of two sons of deceased Harnam Singh, the first son Niranjan Singh died two months prior to the date of incident leaving behind a widow, two sons and two daughters. Niranjan Singh's wife used to stay with deceased Harnam Singh. The other son P.W. 5 Ram Singh used to stay separately. The in -laws of late Niranjan Singh, who were camping at the house of deceased Harnam Singh for many days and demanding the share of land of late Niranjan Singh for the benefit of the widow. With respect to the said dispute a Panchayat was also convened. On 25th October, 1995, P.W. 5 Ram Singh lodged a First Information Report at about 12:15 P.M. at Police Station, Pili Banga stating inter alia that about 6 -7 days back, appellant Jaswant Singh visited their house and insisted for the partition of the land and to give share of late Niranjan Singh to his widow. On 23.10.95, Jaswant Singh, while leaving for his village Indragrah gave a threat to deceased Harnam Singh that he should part with the land falling in share of his sister otherwise he will have to face the dire consequences. He also stated that on the last evening, his father had gone to the Tillage Chak 22 MOD to guard the cotton crop. In the early morning at about 4:00 his neighbour, P.W. 3 Amrik Singh and P.W. 2 Jarnail Singh came to his house and informed that in the night at about 10:30 or 11:00 the accused appellants Jaswant Singh and Kulwant Singh went to his field and shot down his father. He along with some of the villagers P.W. 1 Dharam Singh, Ujagar Singh, P.W. 8 Gurdev Singh went to the spot. He found the dead body of his father lying on the cot. He stated that his father has been murdered by Jaswant Singh and Kulwant Singh by gun shot fire. On this information, police registered a case for offence under Sections 302, 34 I.P.C. and Section 27 of the Arms Act. The police prepared the inquest report and sent the dead body for post -mortem. During the investigation, police recovered a twelve bore gun with licence from appellant Jaswant Singh. A Gandasi and a scooter was recovered in pursuance of the information given by appellant Kulwant Singh. After usual investigation, police laid charge -sheet against the appellant for offence under Sections 302, 302/34 I.P.C. and Section 3/25(1B)(A) and 27 of the Arms Act.

(3.) ASSAILING the conviction, it is contended by Mr. N.L. Joshi learned counsel for the appellants that a careful scrutiny of the statements of two eye witnesses i.e. P.W. 2 Jarnail Singh and P.W. 3 Amrik Singh will reveal that they are planted witnesses. He has also pointed out serious infirmities in the prosecution case. On the other hand learned Public Prosecutor has supported the judgment of the trial court.