KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A dispute between Meos on the one hand, and Faquirs and Meenas on the other of Village Bhatpura regarding allotment of land by the Government to the Meos in the town of Chhamra had its sequel in the death by gun shot of one Jumma on 21-6-1969 at about 7 p. m. in front of the house of P. W. 8 Umed. situated in the village Bhatpura. The immediate cause of the trouble was that on that day the accused Fazar ' and the Meos, deceased Jumma and P. W. 2 Bhulla. and P. W. 6 Nasru had gone to the village well for taking bath and there Bhulla's foot is said to have fallen on the soap owned by Fazar. This led to exchange of abuses between Fazar and the Meos. However, nothing untoward happened there at the well, but when the Meos while returning from the well came in front of the house of Umed, Fazar is alleged to have given a call to his friends, the accused Kishan Meena and Bhundal to come armed with guns and finish one of the Meos. The prosecution case is that in response to the call given by Fazar. Kishan and Bhundal came armed with guns and Fazar also ran to his house nearby and returned to the spot with a gun. It is further alleged by the prosecution that Bhundal fired at Jumma causing severe injury to his stomach as a result of which Jumma died on the spot. Kishan and Fazar also fired at Nasru and Bhulla but they missed their targets and their shots landed at the wall of the house of Umed. A first information report of the occurrence was lodged by P. W, 1 Banesingh at Police Station. Nagar. District Bharatpur on the next day. that is 22-6-1969 at 9-30 a. m. before the Station House Officer P. W. 11. Daulat Ram Sharma, who proceeded to the spot and recovered the dead body of Jumma and also blood smeared earth lying near the dead body. All the three accused were arrested on 25-6-1969 and were prosecuted in the Court of Additional Munsiff-Magistrate, Deeg on the charge of murdering Jumma and attempting to murder Narsu and Bhulla. The learned Magistrate after holding enquiry committed all the three accused to the Court of Sessions Judge, Bharatpur who by his judgment dated 24-4-1970 convicted Bhundal under Section 302. Indian P. C. and sentenced him to rigorous imprisonment for life. Fazar and Kishan were also convicted under Section 302 read with Section 34 I. p. C. and each one of them was convicted to imprisonment for life. Both these accused were however acquitted of the offence under Section 307, I. P. C.

(2.) AGGRIEVED by their conviction and sentences all the three accused have filed this joint appeal.

(3.) MR. Bhargava, learned counsel for the appellants has urged in the first instance that the prosecution case deserves to be rejected as a whole and in any case the prosecution has failed to establish that Jumma had died by the gun fire made by Bhundal or that it was in furtherance of the common intention of all the accused that the gun shot was fired at Jumma.