KARNAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal is directed against the judgment of the learned Additional Sessions Judge No. 2, Sri Ganganagar convicting the appellant Karnail Singh of offence under section 302 I. P. C. and other appellants namely Khadak Singh, Magh Singh and Gurmukh Singh for offence under section 302/149 I. P. C. and sentenced each of them to imprisonment for life and to pay a fine of Rs. 1000/- and in default to further undergo one month simple imprisonment. THE appellants have also been convicted for offence under sections 447 & 148 I. P. C. While appellant Karnail Singh has been convicted for offence under Section 27 Arms Act and sentenced to one year rigorous imprisonment the other accused appellants have been convicted for offence under Section 27/149 Arms Act and sentenced each of them to one year rigorous imprisonment.

(2.) BRIEFLY stated the facts of the case are that on 22. 04. 1987 at about 7:00 A. M. while P. W. 1 Bhadar Khan, deceased Sakhi Mohammad and P. W. 3 Mst. Sarma were working in the field the appellant Karnail Singh armed with 12 Bore Gun, his son Khadak Singh and Magh Singh pistols and Gurmukh Singh and Jagtar Singh 12 Bore Gun arrived. P. W. 4 Khuda Bux and Mohammad Yaar also reached on the scene of occurrence. Karnail Singh asked Bhadar Khan to vacate the land. On this Sakhi Mohammad, Mohammad Yaar and Khuda Bux tried to pacify him. They promised to vacate the possession in event of court case being decided against them. This did not satisfy Karnail Singh and he opened fire at Sakhi Mohammad on account of which he fell down. It is alleged that the other accused persons namely Gurmukh Singh and Jagtar Singh by gun and Khadak Singh and Magh Singh by pistol also opened fire, however, the fire did not hit any body as they concealed themselves in the standing crop. Subsequently the Sakhi Mohammad was dragged and taken under a `kinkar' tree. P. W. 3 Mst. Sarma proceeded to Sardargarh and informed P. W. 2 Sammu Khan, who in turn went to Suratgarh and informed the police at about 11:30 A. M. The information was entered in the Rojnamcha as Ex. P2a. On the basis of this information P. W. 8 Shri Krishan, S. H. O. , Police Station, Suratgarh proceeded to place of occurrence. He recorded the statement of Bhadar Khan vide Ex. P1. He sent the said report with Constable Gurdev Singh to the Police Station, Suratgarh. On the basis of that statement a regular F. I. R. Ex. P4 was chalked out. The police prepared the site plan Ex. P8 and recovered wad pieces vide Ex. P10. The post-mortem of the dead body was conducted by P. W. 7 Dr. Sahi Ram vide Ex. P5. The appellant Karnail Singh was arrested on 24. 04. 1987. Jagtar Singh was also arrested on the same day. On 30. 04. 1987 a gun was recovered in pursuance of the information given by Karnail Singh. Appellant Khadak Singh was arrested on 12. 5. 1987 and in pursuance of information given by him one gun and empty cartridges were recovered. Magh Singh and Gurmukh Singh were arrested on 15. 5. 87. In pursuance of the information given by them the recovery was made on 19. 5. 87. The articles were sent to the Forensic Science Laboratory on 1. 9. 1987. After usual investigation, police laid charge-sheet against the appellants and Jagtar Singh.

(3.) P. W. 3 Smt. Sarma is the sister of Bhadar Khan. She has stated that on the date of occurrence at about 7:00 A. M. while she was working in the field of his brother Bhadar Khan, accused Karnail Singh, Jagtar Singh, Khadak Singh, Gurmukh Singh and Magh Singh arrived. She has given the account of the incident almost in the line of P. W. 1 Bhadar Khan. She has also stated that she on her own went to Sardargarh and informed her maternal uncle Sammu Khan about the incident. Sammu Khan went to Suratgarh for lodging the First Information Report. In the cross examination she admitted that she had not seen Karnail Singh and Khadak Singh prior to the date of occurrence. She also admitted that when Karnail Singh opened fire at Sakhi Mohammad she along with Bhadar Khan concealed behind the crop. She also stated that Khuda Bux and Mohammad Yaar had arrived at the place of occurrence at about 6 A. M.