SURJANSINGH Vs. STATE

JUDGEMENT

(1.) IN village Kishanpura Utarda, police station, Sadul Shahar, District Ganganagar, one Nathusingh Rajput, son of Moolsingh, had 180 Bighas of land. Nathusingh had no son. He had a D/o Mst. Soni. Her son, Dhyan Singh, P W.6, bad been taken in adoption by Nithu Singh Nithu Singh died some 6 years back. Banwari Lal, P.W. 5, Sarpanch, Gram Panchayat, Kishanpura, caused mutation of 90 bighas of land in favour of Dhyan Singh and the residual in the name of Mst. Soni Out of the share allotted to Dhyan Singh, a strip of 20 bighas in Chak No. 10 P.T.P. had been under the cultivation of Mangla Ram alias Sheo Karan, Bishnoi (deceased) as a lessee for about 10 years. Sometime after the death of Nathu Singh. Sheo Karan had purchased the land from Dhyan Singh through a registered sale -deed. 12 bighas of land in Chak No. 10 P.T.P. and 8 bighas of land in Chak No. 13 P.T.P. had been under the tillage of Kipoor Singh After the death of Ntthu Singh, the accused Surjan Singh Rajput, resident of Kishanpura Utarda, and his father Puran Singh, his uncles Ganpat Singh and Dungar Singh had taken wrongful possession of the land from Kapoor Singh and started cultivation. Surjan Singh also wanted to buy the land, which had bean purchased by Sheo Karan He held out a threat to Sheo Karan for the abandonment of the land. Sheo Karan, however, declined to give it up Surjansing also wanted to get a sale -deed executed in respect of the land which he had extorted by from Kapoor Singh. He somehow suspected that because of Sheo Karan's intervention Dhyan Singh had not agreed to regularise his possession through the execution of a sale -deed. Surjan Singh then started harbouring ill will against Sheo Karan. He threw a challenge that some day he would expose his life to peril. Surjan Singh had also told Banwari Lal, Sarpanch, that Dhyan Singh was willing to sell his land to him, but Sheo Karan had been an impediment on his way to success. The Sarpanch, would tell Sheo Karan to desist from his activities lest he would be killed. On December 16,1968, Sheo Karan had his turn of irrigating his land with canal water from 5 30 am to 3 p.m. He sent his 'Siri' Arjun Meghwal, P.W.8, to irrigate his land Bhaira Ram, P.W. 3 and Mula Ram, P.W. 2, also went to Chak No. 10 P.T.P. to reap 'Guwar' crop. That day at about 1.30 p.m. Surjan Singh came to the land. He was armed with a 12 bore -gun (Ex. 7). Surjan Singh asked Sheo Karan to let him divert water towards his land. Sheo Karan said that he was entitled to avail himself of water upto 3 p.m. Thereafter he could divert it aside towards his land. Surjan Singh dwelt firmly on what he asserted. Sheo Karan told him that if he wanted to cut the water supply by force, he could please himself. Soon after Surjan Singh became frantic. He said 'I have nothing to do with water. I shall kill you' Saying so, he loaded his gun. He fired a shot which hit Sheo Karan's abodomen. The victim fell down Surjan Singh reloaded his gun. He then asked Bhaira Ram, Sahi Ram, and Moola Ram to lift Sheo Karan and take him towards his 'Jhuggi' (hut). Mst. Shanti Davi Bhaira Ram, Sahi Ram and Moola Rama implored Surjan Singh to leave Sheo Karan on his field. Surjan Singh did not agree to it. He beat Bhaira Ram with the buttend of his gun and threatened them that in case they did not carry Sheo Karan to the 'Jhuggi', he would put all of them to death. This reproach frightened the 'Siris' of Sheo Karan. They lifted the injured and carried him to Surjan Singh's 'Jhuggi', which was at a distance of 44 Killas (one Killa being equivalent to 165 ft. x 165 ft.) and placed him in front of the hut. Then Surjan Singh aimed his gun at Sheo Karan's chest and fired it, resulting in his quick death. Later on Surjan Singh told the 'Siris' menacingly that they should better leave the place, otherwise they would have to play with their lives. At that time Budh Ram Bishnoi, whose land was situate near Chak No. 10 P.T.P, happened to come over there and witness the occurrence. Sahi Ram, Bhairam, Moola Ram and Mst. Shanti Devi went to the village Kishanpura. They apprised the Sarpanch Banwari Lal, P.W. 5, of the unfortunate calamity. Banwari Lal, P.W. 5, Sarpanch advised them to go to the police station, Sadul Shahar. He also accompanied the party. First information report of the occurrence was lodged with the police station, Sadul Shahar, that very day at 2.50 p.m. The police found a contusion on the left forearm of Bhaira Ram. The same was noted at the bottom of the first information report by the police. A case under Section 302, I.P.C. was registered and investigation was set in motion. The police prepared description memo of Sheo Karan's dead body (Ex. P.2), site -plan (Ex. P.3), detailed account of memo of the site (Ex. P.3A), seizure memo of the blood -stained clothes of the deceased Sheo Karan (Ex.P. 5) and other necessary documents. Police also recovered an empty cartridge on the spot under memo Ex. P.166 twelve bore cartridge pellets were found at Chak No. 10 P.T.P. They were seized by the police under memo Ex. P. 17. 5 more twelve bore pellets were found at Killa No. 2, Chak No. 10 P.T.P.A memo in respect thereof was prepared and is marked Ex. P.18, The accused Surjan Singh surrendered himself at the police station, Kotwali, Ganganagar, on December 26, 1968, at 10 p.m. along with his gun Ex. 7. The accused furnished information to the police that he had concealed one empty cartridge fired by his twelve bore sun in the thatch of his hut, in his field, at Killa No. 18, Chak No. 10 P.T.P. and he could get it recovered: vide Ex. P.28. Pursuant to that information the police recovered the fired cartridge at the instance of the accused in the presence of 'Motbirs' under memo Ex. P. 29. The gun, the empties, the pellets and wads recovered from the body of the deceased were duly sealed and were sent to Jagdish Prasad Nigam, P.W. 16, Ballistic Expert, State Forensic Science Laboratory (MP) He examined the gun and found that it was in a perfect working order and it showed signs of discharge. He further opined that the empty cartridges Exs. E.C. 1 and Ex. E.C. 2 had been fired from the gun Ex. 7. The witness further expressed the view - that the pellets, marked Ex. P.1 to Ex. P.16, could form part of the load of twelve bore cartridges like Ex. E.C. 1 and Ex. E.C. 2 and that the wads W. 1 and W. 2 could also be the wads of the twelve bore cartridges. Dr. S.L. Kaushik, P.W. 13, Incharge, Primary Health Centre, Sadul Shahar, conducted autopsy on the dead body of Sheo Karan. He found the following injuries on the person of the deceased:

(2.) THE learned Additional Sessions Judge, Ganganagar, has submitted proceedings (Murder Reference No. 5 of 1970) to thin Court for confirmation of the death sentence in accordance with the provisions of Section 374, Cr.P.C. Dissatisfied by the verdict of the trial court, Surjan Singh has also taken an appeal (D.B. Criminal Appeal No. 773 of 197Q). Both the reference and the appeal emerging out of the same judgment, are, disposed of together.

(3.) THE first question that arises for consideration is whether Sheo Karan met a homicidal death as a result of the gun fires. Dr. S.L. Kaushik, PW 13 conducted the post mortem examination of the dead body of Sheo Karan on December 17, 1968, at 10.25 a.m. He found on the, person of the deceased as many as 19 gun -shot injuries, as set forth above. There were in all 3 entry wounds, and the residue were the exit -wounds. Doctor is definitely of the view that all the injuries were the results 2 gun fires. Injury No. 1 individually and all the other injuries cumulatively were sufficient in the ordinary course of nature to have caused death. The medical evidence stands unchallenged. No comments were offered by counsel for the appellant on this aspect of the case. The trial court, therefore, was justified in arriving at the conclusion that Sheo Karan died of the gun fire wounds and that his death was homicidal.