STATE Vs. JAWAN SINGH

JUDGEMENT

(1.) SUCCINCTLY put the prosecution story is that P.W. 15 Chenia had a strip of agricultural land, measuring about 53 Bighas (Khasra No. 49), situate within the precincts of village Barri. He wanted to sell the land, The accused Jawan Singh showed curiosity to buy it for a meagre sum of Rs. 300/ -. That consideration was not acceptable to its owner, It is alleged that through the efforts of the deceased Patwari Bharu Singh and his brother Chhatar Singh (injured), who was also a Patwari, their brother -in -law Bheru Singh son of Bhur Singh Rajput, resident of Juna, Tebail Desuri, bought it for Rs. 800/ -. A registered sale -deed was executed by Chenia is favour of the buyer on March 25, 19fi6: vide Ex. P. 19| Because of this transaction accused Jawan Singh harboured ill -feeling against Bheru Singh and Chattar Singh. The accused conveyed his protest to Chenia telling him how sinister consequences would follow. Later on, Bheru Singh decasec and the accused Jawan Singh met each other in the fair of 'Mahadeoji', near Mevi village. There, the accused took a exception and told Bheru Singh how he had procured for his brother -in -law agricultural land from Chenia. Both of them exchanged hot words but because of the stepping in by Than Singh, P.W. 26, the matter stood dropped for the time being. However, the accused threw a challenge to Bheru Singh, saying that he would have to reap its fatal consequences. On June 23, 1966, Than Singh, P.W. 26 whose son had been betrothed to the deceased Bheru Singh's daughter, sent a message, through his brother -m - law, Bhanwar Singh (P.W. 24) to Bheru Singh to meet him at his residence in village Mevi. Bheru Singh and his brother Chhatar Singh told Bhanwar Singh that both of them would reach Mevi that day by noon. Bhanwar Singh then returned to Mevi and communicated to Than Singh the result of the mission. Bheru Singh and Chhatar Singh left their village Thakurii -ka -Suda for Mevi at about 10 or 11 a. m. They rode their camel. They, at first reached their well 'Bera Padav', within the boundary of village Barri. There they stayed for about half an hour. They met their brother Khuman Singh, P.W. 22, and told him that they had to see Thakur Than Singh at his residence. Thereafter they proceeded towards Mevi, travelling on the road connecting Khinwada with Mevi. After covering a little distance, they saw the accused Jawan Singh riding a camel and proceeding from his village Mataji -ka -Guda towards Bhikarn -jMd -Piou. - He took his camel inside the enclosure of the water -hut and then he got down. He was equipped with a rifle. He ascended the Verandah of the water -hut. From there he challenged Bheru Singh and Chhatar Singh that as they had managed the sale transaction of Chenia's land at favour of their brother -in -law Bheru Singh of Juna, their action would recoil. Bheru Singh and Chhatar Singh, however, continued riding their camel. Bheru Singh was seated on the front -seat and the rear seat was occupied by Chhatar Singh. They told the accused that if he was prepared to pay the cost -price of the land, he could have it. This conciliatory tone instead of cooling him down bestirred him. It resulted in adding fuel to the fire. The accused Jawan Singh aimed his gun towards Bheru Singh and pulled its trigger. The bullet first hit Bheru Singh on his chest. It pierced through and through. ' It then entered Chhatar Singh's body. Both Bhera Singh and Chhatar Singh fell down from the camel's back. Bheru Singh succumbed to the injuries instantaneously. Soon after the accused fired another shot which hit Bheru Singh's camel with a atrocious effect, The animal sustained a grievous hurt. It walked limpingly towards etha Teli's field wherein it collapsed, The appellant then came out of the Verandah. He rode his camel and retreated hurriedly towards Mataji -ka -Guda, The occurrence was witnessed by Indra Chaudhari, Doula Thori, P.W. 16 and 2 girls, namely, Mst. Panni, P. W, 17, and Mst. Chhagam, P, W. 18. On hearing the gun shot report, Khuman Singh, P.W. 22, brother of the deceased Bheru Singh, rushed to the scene of the occurrence from 'Bera Padav', situated nearby at point No. 12 in the site -plan. He saw the accused coming out of the water -hut on his camel's back and proceeding towards Mataji -ka -Guda. He also found his brother Bheru Singh lying dead and his other brother Chhatar Singh lying .injured at places marked (1) and (2) respectively in the site -plan.

(2.) AUTOPSY on the dead body of Bheru Singh was conducted by Dr. Rajnarain Kalla, P.W. 1, Medical Officer, Government Dispensary, Pali. Following injuries were found on the person of the deceased: -

(3.) THE accused Jawan Singh made good his escape after the occurrence. 'Several raids were arranged by the police at sundry places, but they all proved abortive. Eventually, Mr. T. N. Bhargava, Deputy Superintendent of Police, having received information that Jawan Singh was available somewhere near village Kot during the night of June 9 and 10, 1968, arranged a raid and found Jawan Singh sleeping near Khimla Mataji's - temple, which .was situate at a distance of some 2 miles from village Kot. He was arrested by the police. Its memo is marked Ex, P -5. While under' police custody the accused furnished information, on June 17, 1968, to the Deputy Superintendent of Police Mr. Sampat Raj, P.W, 8, that he had concealed the weapon of the offence, i.e., his rifle, beneath a pit, underneath a rock, near his field, situate within the boundary of Mevi village. In pursuance of that 'information the police recovered the gun at the instance of the accused, under memo Ex. P -14, dated June 17, 1968. The gun was identified by the prosecution witness Doula in the course of identification proceedings conducted by Mr. Laxmi Narain Mathur, Additional District Magistrate, Pali, P.W. 34. The identification proceedings were reduced to writing and the document is marked Ex. P -45. After the investigation was concluded, the police put up a challan against the accused in the court of the Civil Judge -cum -Magistrate, First Class, Pali. The Committing Court conducted preliminary inquiry in accordance with the provisions of Section 207 -A, Cr.PC, and sent the case to the court of Sessions Judge, -Pali, . for the trial of , the accused Under Sections 302, 307 and 429, I.P;C. On May 26, 1969, the accused was charged by the .trial Court under the said sections of the Indian Penal Code, to which he pleaded not guilty. In support of its case, the prosecution examined 36 witnesses and produced as many as 47 documents. In his statement, recorded Under Section 342, Cr.PC, the accused denied to have committed any offence. His plea was that the prosecution witnesses were telling deliberate lies. He denied the recovery of the rifle. He further said that he had not absconded but had gone in connection with cultivation of his land in village Lakhni, Tehsil Bhinmal. In his defence he examined 6 witnesses, including Dr. Shyam Behari -lal Mathur, D.W. 6. Eventually, the trial Court, relying upon the prosecution evidence and rejecting the defence taken by the accused, convicted the appellant and sentenced him as under: