RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals arise out of the common judgment dated August 17, 1983, passed by the Sessions Judge, Churu, by which the learned Sessions Judge convicted and sentenced the accused-appellants. As all these three appeals arise out of the common judgment, therefore, we propose to decide these three appeals by this judgment.

(2.) The incident, which led to the prosecution of the present appellants, took place in the night intervening 6th and 7th July, 1986, in village Baaniyasar. The informant Keshri Singh alongwith his family members was in his house, which is situated at the Southern side of the village. At about mid-night, Keshri Singh was informed by his wife that she had heard some noise from the rear side of the Kotha, upon which Keshri Singh went in the Kotha and lit Chimni and found a whole in the rear wall of the Kotha. Thereafter he, alongwith Hanuman Singh, went over the roof and in the light of the torch, which they carried, they saw that there was a whole in the rear wall of the Kotha and they, also, saw in the light of the torch three persons going towards the brick- kiln. They raised an alarm, upon which Megh Singh and Sumer Singh came there. They then followed the accused and lit the torch, also. When they reached near the accused, the accused asked them to stop otherwise they would be killed and thereafter the accused opened two fires, which hit Keshri Singh and Hanuman Singh, account of fear, they returned and asked Jorawar Singh to call the villagers. When Jorawar Singh started towards the village with a torch, one person fired upon him near the corner of the room and after receiving the fire injury, Jorawar Singh fell down and the person, who fired, ran away, Jorawar Singh received gun- fire injuries on his chest and face and he died after sometime. Thereafter some villagers, namely, the Sarpanch Govind Ram, Mastan Singh, Sugna Swami and others came there. In the morning, foot-prints of three persons wearing Chappals, Punjabi Jooti and shoes, were found, which were proceeding towards the field of Bheeka Harijan. Two empties were found near the brick-kiln and one empty was found near the Falsa. There were, also, the marks of tyres of a jeep standing near the field of Bheeka Harijan. The F.I.R. Ex. P.1 of this incident was lodged by Keshari Singh at Police Station Bhanipura (district Churu) on July 7, 1986, at about 8.30 a.m. The accused-appellants were tried by the learned Sessions Judge. The prosecution, in support of its case, produced 14 witnesses and exhibited 54 documents. The accused-appellants did not produce any witness in defence and exhibited only one document Ex.D.1. The learned Sessions Judge, after trial, convicted and sentenced the accused-appellant Ram Kumar for the offences under Sections 460, 461, 307, 302, 382/511, 148, 120B I.P.C. and under Section 25 of the Indian Arms Act. Accused-appellant Jarnial Singh was convicted under Sections 460, 461, 307/149, 302/149, 382/511,148 and 120B IPC. Accused-appellants Zorawar Singh and Girdhari Singh were convicted and sentenced for the offences under Sections 460/120B, 461/120B, 307/120B, 302/120B, 382/511 read with Section 120B and 148/120B I.P.C. It is against this judgment dated August 17, 1988, convicting and sentencing the accused-appellants that the appellants have preferred these three appeals.

(3.) The prosecution case rests upon the evidence of four eye witnesses, namely, PW 1 Keshri Singh, PW 2 Megh Singh, PW 3 Sumer Singh and PW 4 Hanuman Singh as also the evidence of PW 6 Kishore Singh, which is sought to be corroborated by the foot-prints of the accused found at the place of the occurrence, the recoveries of the empties made from the place of the occurrence, report of the Ballistic Expert, the medical evidence and the recoveries made. The case of the prosecution is further sought to be corroborated by the evidence of PW 8 Harbans Singh Tehsildar, in whose presence the moulds of the foot-prints were taken from the place of the occurrence. PW 9 Yasin Khan is the person, who took the moulds. PW 10 is Dr. Ratan Singh, who examined the injured and conducted the post-mortem. The other are the police personals namely, PW 11 Mustak Khan, PW 12 Kashi Ram-S.H.O. Police Station, Bhanipura, who conducted the investigation and PW 5 Gurujant Singh. PW 13 is Shri Purshottam Lal, Munsif and Judicial Magistrate, Churu, who conducted the test-identification parade.