MEGH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Additional Sessions Judge, Hanumangarh, by his judgment dated 7.5.1976, convicted the appellant Meghsingh of the offence under Sections 302 and 323, Indian Penal Code, and Section 27, Arms Act, and the appellant Chet Singh of the offences under Sections 302/34 and 32.1, Indian Penal Code, and Section 27, Arms Act. Both the appellants were sentenced to imprisonment for life under Section 302 and 302/34, Indian Penal Code, respectively, and were sentenced to a fine of Rs. 250/ - each, in default, to undergo three months rigorous imprisonment. For the offence under Section 323, Indian Penal Code, they were sentenced to one year's rigorous imprisonment and under Section 27, Arms Act, both were sentenced to two years' rigorous imprisonment each. The third accused Fatehsingh was acquitted of the offence under Sections 302, 322 and 343 read with Section 109, Indian Penal Code. The appellants were also acquitted of the offences under Sections 447 and 342, India Penal Code and Section 25, Arms Act.

(2.) THE field of the appellants adjoins the field of Jangirsingh (P.W. 3). On 8.7.1974 at about 4.00 p.m. Nihal Kaur (P.W. 2), wife of Jangirsingh, was engaged in removing the weeds. It is alleged that the appellants came near to her and caught hold of her and dragged her. Both of them snatched the Kasi from her hands and started beating her. Atmasingh (P.W. 1) and the deceased Jalawarsingh were in their, field, which is on the other side of the field of Jangirsingh. It is said that the accused, Fatehsingh exhorted to drag Mst. Nihal Kaur to their Dhani. Thereupon Jalawarsingh raised shouts for releasing her. When Jalawarsingh was advancing. Fatehsingh exhorted to shoot Jalawarsingh down. After releasing NihaI Kaur, it is alleged that the accused Meghsingh fired a shot from his gun from point No.4 shown in the site plan Ex. P -2. When Jalawarsingh had come a by, little ahead from Jangirsingh Jhhuggi, Jangir the Singh asked him not to proceed ahead, as the accused persons are armed with guns. Thereupon, Jalawarsingh retreated. While he was retreating, the accused Meghsingh fired a shot, which hit Jalawarsingh on his back. After covering some distance, which is said to be 35 ft., as stated in Ex.P -2/A, site notes, Jalawarsingh fell down. Thereafter the accused Chetsinghalso fired a shot form the gun in his possession which did not hit any body. Jalawarsingh was the brother of Atmasingh (P.W. 1); who, according to the prosecution, witnessed the entire occurrence. The accused persons then went away from the place of occurrence. Jalawarsingh succumbed to the injury. A cot was brought from nearby Jhhugi and the dead body of Jalawarsingh was placed on the cot and the cot was removed to the Jhhugi of Jangirsingh. Atmasingh then went to lodge the report at the Police Station, Lakhuwali. As he could not get the bus, he walked down 13 miles distance and the report was lodged at about 10.30 p.m. the same day. On his report case under Sections 302, 342, 323/34, Indian Penal Code was registered by the S.H.O. Shri Jaibhagwan (P. W. 6). The S.H.O. visited the site and prepared the siteplan, site notes, Fard Suratha Lash and inquest report and he also conducted further spot investigation. The autopsy was got conducted from Dr. Gangaram (P.W. 4). Dr. Gangaram recovered lead shot from the body of the deceased and sent the same in a sealed bottle to the S.H.O. vide Ex. P -8. Nihal Kaur was also got medically examined by the some medical officer on 6.7.1974. The accused persons were arrested. On the information Ex. P -12 of the accused Chetsingh dated 8 -7 -1974, and at his instance a rifle was recovered vide recovery memo Ex. P -11. Chetsingh also gave information in respect of one Kasi, which is Ex. P -14, and got the same recovered vide Ex. P -15. The accused Meghsingh gave information in respect of' his 12 bore gun Ex. P -13 and got the same recovered vide recovery memo Ex. P -I0, on 8.7.1974. Along with the guns some cartridges cases were also recovered. The SBBL 12 bore country made gun and one 12 bore cartridge case and the country made 303 gun with three cartridge cases, were sent to the State Forensic Science Laboratory for examination. The report of the State Forensic Science Laboratory is Ex. P -20, according to which both the fire arms were in working order. After completion of investigation, charge -sheet was presented against the three accused persons, who were ultimately tried by the Additional Sessions Judge, Hanumangarh. The accused persons were charged of the various offences, to which they pleaded not guilty and claimed to be tried. The prosecution examined seven witnesses. The statements of the accused persons were recovered. The accused Meghsingh stated that they have been cultivating the land for the last four years and the Girdawaris of four years are in their names. Jalawarsingh and others wanted to grab the land, for which he instituted a suit and obtained an injunction orders. The suit filed by Jangirsingh was dismissed. He further stated that Jalawarsingh, Jangirsingh and Devasingh conspired and sent Nihal Kaur to their field. Nihal Kaur was having a Kasia. She started uprooting cotton plants. He went there and prevented her. Thereupon, she hurled abuses. He was having a Danda with him. He inflicted a Danda blow on her. He was not armed with a gun. On infliction of blow, Nihal Kaur raised alarm. Thereupon Jangirsingh, Jalawarsingh and Devasingh came running from a distance of about 5 Kilas. Jalawarsingh was ahead of them. From behind. Jangirsingh fired, which hit Jalawarsingh. Thereafter he rushed to his Dhani. According to him, Atmasingh was not there on the spot and his brother Chetsingh and father Fateh Singh were at the village Rasuwala. The accused Chetsingh pleaded slibi. The accused persons examined one Shyam Narain Sharma in their defence as D.W. 1. The learned Additional Sessions Judge, after hearing arguments convicted and sentenced the accused -appellants, as aforesaid and acquitted Fatehsingh. The learned Additional Sessions Judge believed the statement of Atmasingh in part, only to this extent that he was present at the spot and he had heard the gun shot reports and had seen Jahwarsingh failing on the ground as a result of shot having been effective on him. According to the learned Additional Sessions Judge. Atmasingh was at a distance of about 825 ft. and from such a distance he could not have seen the accused firing and so also he could not have seen the appellants inflicting blows with Kasia on Nihal Kaur, nor he could hear the alleged exhortation on the part of Fatehsingh. The learned Additional Sessions Judge, however, relying on the testimony of Nihal Kaur and Jahgirsingh believed the prosecution case and on that basis convicted the appellants for the offences, as stated above.

(3.) THE prosecution, in this case, primarily relied the testimony of Nihal Kaur and Jangirsingh, corroborated partly by the testimony of Atmasingh and further corroborated by medical evidence and the recovery of fire arms from the possession of the appellants. Nihal Kaur and Jangirsingh are the most material witnesses in this case. At the time of occurrence. Nihal Kaur was first assaulted by the accused persons. She had sustained the following injuries on her person: