BACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 23.4.2008 passed by learned Sessions Judge, Hanumangarh recording conviction of accused Raja Ram for the offence punishable under Section 302 I.P.C. and accused Bachan Singh and Sohan Singh for the offence punishable under Section 302/34 I.P.C. inter alia, and sentencing them to undergo life term imprisonment.

(2.) BRIEFLY stated, facts of the case are that in the intervening night of 30/31.12.2003 at about 0:05 Hrs a written report (Exh.P/3) was submitted by Shri Darbara Singh (PW -13) at Police Station, Tibbi, District Hanumangarh with the assertion that at about 9:00 pm on 30.12.2003 he, his wife Pratap Kaur, nephew Shrawan Singh with his son Sukhdev aged about one year, wife of Shrawan Singh Smt. Prakash Kaur were sitting at their house after having meals. His son Satnam was also sleeping there. Shrawan Singh went out from the room to have water for his son Sukhdev; at that time Bachan Singh, Sohan Singh and Raja Ram entered in house and threatened Shrawan Singh that he can no more escape himself. They abused him too. Bachan Singh and Sohan Singh told Raja Ram to shoot Shrawan. Raja Ram in turn made a fire due to which Shrawan received a fire -arm injury at his chest. He died at the spot. The accused persons were keeping vengeance with the complainant and deceased from quite a long time due to some dispute regarding money dues.

(3.) THE Investigating Agency first got autopsy of the corpus of deceased and as per the report, the cause of death was rupture of heart due to gun -shot injury. The Investigating Agency on 01.1.2004 arrested accused persons and on 3.1.2004 recovered a pistol at the instance of accused Raja Ram. The pistol so recovered was sent to Forensic Science Laboratory for its ballistic examination and as per the report given, the pistol i.e. 12 - bore country made was serviceable and fired, though, the definite time of its last fire was not ascertained. The shirt worned by the deceased at the time of his death was also sent to Forensic Science Laboratory and it was analyzed that the presence of blackening on the shirt was due to combustion of gun -powder. The Investigating Agency during the course of investigation collected other necessary evidence and submitted a charge - sheet before the competent court. The case then was committed to the court of sessions and the learned Sessions Court after providing opportunity of hearing to the accused, framed appropriate charges against them. The accused persons denied charges framed and desired to have complete trial.