MASTAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise of the judgment dated March 28, 1985, passed by the Additional Sessions Judge No. 1, Hanumangarh, by which the learned Additional Sessions Judge convicted and sentenced accused Lakhia for the offences under Sections 302 and 307 I. P. C. and Section 27 of the Indian Arms Act. He, also, convicted and sentenced accused Mastan Ram for the offence under Section 302 I. P. C. and Section 27 of the Indian Arms Act.

(2.) THE incident, which led to the prosecution of the present two accused appellants, took place on August 11, 1982, at 6. 30 p. m. in village Ramsara, when Banta Singh was murdered by these two accused, and Thana Singh received fire-arm injury on the chest. In the evening of August 11, 1982, Gurjant Singh, Banta Singh, Darshan Singh and Thana Singh were returning from Hanumangarh to their village on the tractor. In the way, Pritam Singh accompanied them on the tractor. At about 6. 30 p. m. , when they reached over the bridge of the canal near village Ramsara, accused Lakhi and Mastan Ram came from the village side on the bridge. At that time, they were armed with guns. THEy came near the tractor and abused Banta Singh and said, In the meanwhile, Thana Singh came down from the tractor and tried to pacify Lakhi, upon which Lakhi took out the pistol from the fold (Dubb) of his Tehmat and fired towards Thana Singh. THE fire hit on the chest near right nipple of Thana Singh. After receiving this injury, Thana Singh fell down and Banta Singh, also, came-down from the tractor and ran towards the village. Lakhi and Mastan Ram followed him. Darshan Singh and Gurjant Singh, also, ran behind them. Nokha Singh, on hearing the alarm, also, came there. Lakhi and Mastan Ram gave 'lalkara' to Banta Singh. When Banta Singh reached near the house of Man Das Veragi, accused Lakhi fired his pistol on Banta Singh from behind. When Banta Singh turned towards him, Mastan Ram, also, took out his pistol from his dubb and fired at Banta Singh, which hit him on his stomach. On receiving these injuries, Banta Singh fell down on the ground and both the accused ran away. THEreafter, Jagjit Singh, also, came there. THE report of this incident was lodged by Gurjant Singh at police Station, Hanumangarh Town, on August 11,1982, at 9. 15 p. m. THE police, after necessary investigation, presented the challan against both the accused. Both the accused-appellants were tried by the learned Additional Sessions Judge No. 1 , Hanumangarh. Accused Lakhi was tried for the offences under Sections 302 and 307 I. P. C. and Section 27 of the Indian Arms Act while accused-appellant Mastan Ram was tried for the offence under Section 302 I. P. C. and Section 27 of the Indian Arms Act. THE learned Additional Sessions Judge No. 1, Hanumangarh, after trial, by his judgment dated March 28, 1985, convicted accused-appellant Lakhi for the offences under Sections 302 and 307 I. P. C. and Section 27 of the Indian Arms Act and accused-appellant Mastan Ram was convicted under Section 302 I. P. C. and Section 27 of the Indian Arms Act. Accused-appellant Lakhi was sentenced to undergo imprisonment for life and a fine of Rs. 500/- and in default of payment of fine further to undergo six months' rigorous imprisonment for the offence under Section 302 I. P. C. and seven years' rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine further to undergo six months' rigorous imprisonment for the offence under Section 307 I. P. C. and one year's rigorous imprisonment for the offence under Section 27 of the Indian Arms Act. All these three sentences were directed to run concurrently. Accused-appellant Mastan Ram was sentenced to undergo imprisonment for life and a fine of Rs. 500/- and in default of payment of fine further to undergo six month's regorous imprisonment for the offence under Section 302 I. P. C. and one year's rigorous imprisonment for the offence under Section 27 of the. Indian Arms Act. It is against this judgement dated March 28, 1985, convicting and sentencing the accused-appellants that the appellants have preferred these two appeals. Accused-appellant Mastan Ram preferred D. B. Criminal Jail Appeal No. 124 of 1985 through jail and Shri M. L. Garg was appointed as the Amicus Curiae. Lakhi alias Lakhvinder Singh filed D. B. Criminal Appeal No. 164 of 1985.

(3.) THE next submission, made by the learned counsel for the appellants is that no independent witness of the locality has been produced. It has not come in the evidence that some witnesses were present, who came there when the incident took place and who had seen the occurrence, but have not been produced. Rather, on the contrary, PW 3 Gurjant Singh has specifically stated that at the time when the incident took place, no inmates from the houses nearby came out from the houses and when no person came out of the house and had not seen the occurrence then the non-production of the inmates of the nearby houses does not adversely affect the prosecution case in any way.