SADUL SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As these two appeals arise out of the same order passed by the learned Additional Sessions Judge, Hanumangarh and relate to the same occurrence, it would be proper to dispose them off by a common order.

(2.) In these two appeals learned counsel for the appellants did not advance any arguments regarding merits but confined his submissions on the question of sentence only.

(3.) According to the prosecution case, there was a dispute between the accused persons Gulab Singh, Sadul Singh and Sarvan Singh on the one hand and Jeet Singh on the other, in respect of some agricultural land. On July 10, 1974 at about 10.30. p. m. the three accused persons are said to have gone to the house of Jeet Singh carrying fire arms. Maghar Singh who was residing nearby, came out of his house and tried to pacify the accused persons and to persuade them to go back. But then accused Gulab Singh is said to have fired a shot, a pellet of which entered the neck of Maghar Singh. The learned Additional Sessions Judge, after a trial accepted the prosecution case and came to the conclusion that the three accused persons had gone to the place of occurrence with fire arms and that Gulab Singh had fired a shot, as a result of which Maghar Singh was injured and a lacerated wound with inverted bruised edges 1" x 3/4" x 1" was caused on the left side of the neck 3" below the left mandible, and that a large rounded, metallic pellet like shadow was detected on X-ray Examination in the soft tissues of his neck on the right side. He also came to the conclusion that the accused were carrying fire arms with intent to use the same for unlawful purpose and that Gulab Singh accused had kept a fire arm in his possession without a licence.