BACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants, Bachan Singh, Mulka Singh, Mala Singh and Balbir Singh, were tried by the Sessions Judge, Bharatpur, along with seven others on various charges including the charges in respect of the offences of rioting armed with deadly weapons, murder of one Dalip Singh, attempt to murder one Balwant Singh and house trespass after preparation for hurt punishable under sec. 119, 302, 302-149, 307, 307-149 and 452 X of the Indian Penal Code. THE seven accused who are not before us in this appeal were acquitted of all the charges framed against them. THE appellants were convicted and sentenced as under:- (1) Bachan Singh (i) Imprisonment for life under section 302-149 I. P. C. (ii) Rigorous imprisonment for 7 years under section 307-149 I. P. C. (iii) Rigorous imprisonment for 3 years under section 452 I. P. C. (iv) Rigorons imprisonment for 2 years under section 148 I. P. C. (2) Mala Singh (i) Imprisonment for life under section 302-149 I. P. C. (ii) Rigorous imprisonment for 7 years under section 307-149 I. P. C. (iii) Rigorous imprisonment for 7 years under section 307 I. P. C. (iv) Rigorous imprisonment for 3 years under section 452 I. P. C. (v) Rigorous imprisonment for 2 years under section 148 I. P. C. (3) Mulka Singh (i) Imprisonment for life under section 302 I. P. C. (ii) Rigorous imprisonment for 7 years under section 307-149 I. P. C. (iii) Rigorous imprisonment for 7 years under section 452 I. P. C. (iv) Rigorous imprisonment for 2 years under section 148 I. P. C. (v) Rigorous imprisonment for 1 year under section 25 Arms Act. (4) Balbir Singh (i) Imprisonment for life under section 302-149 I. P. C. (ii) Rigorous imprisonment for 7 years under section 307-149 I. P. C. (iii) Rigorous imprisonment for 7 years under section 307 I. P. C. (iv) Rigorous imprisonment for 3 years under section 452 I. P. C. (v) Rigorous imprisonment for 2 years under section 148 I. P. C.

(2.) THE case of the prosecution which resulted in the conviction of the appellants as aforementioned may be shortly stated here. On November 10, 1976, at 8. 30 A. M. Kartar Singh a resident of village Bamanvadi, went to police station Pahari and made a written report (Ex. P/l) complaining that 12 persons, including the four appellants armed with deadly weapons like guns, ballam, pharsa and swords, entered his house, and started abusing him and other inmates of the house on November 9, 1976. at about 6. 30 P. M. Appellants Bachan Singh and Mala Singh fired gun-shots at Balwant Singh (P. W. 13) who sustained pellet injuries on both feet. Dalip Singh deceased who was standing in front of his kotha was fired at by appellant Mulka Singh and Balbir Singh son of Hukam Singh. Dalip Singh died on the spot as a result of those gun-shot injuries. Balbir Singh son of Hukam Singh one of the two alleged killers of Dalip Singh, was himself killed sometime after this occurrence. Another by accused the same name of Balbir Singh who is one of the appellants before us also fired but none was injured by his shot. THE complainant mentioned in the report that the occurrence had been witnessed by Laxmi Bai, Birma Bai, Santo Bai, Khusal Singh, Bhola Singh, Partap Singh and others. He further mentioned therein that on hearing the gun-fire a large number of villagers reached there. THE accused ran away on seeing the villagers.

(3.) IN their statements under section 313 Cr. P. C. the accused denied the allegations against them and protested their innocence. They pleaded that they have been falsely implicated in this case by Kartar Singh and other members of his party on account of previous enmity.