GURDAYAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment passed by the learned Sessions Judge, Sri Ganganagar dated March 31, 1973 by which appellant Gurdayal Singh was convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life.

(2.) Succinctly narrated the facts of the case giving rise to this appeal are as under: On May 31, 1972, Moti Singh (P.W. 5) had invited some of his relations and acquaintees for a dinner to celebrate the betrothal ceremony of his son Major Singh. Appellant Gurdayal Singh and co-accused Sadul Singh and Kaka Singh co. accused had attended the feast, and so also Chanan Singh (P.W. 1) Sajan Singh (P.W. 2), Babu Singh (P.W. 3) and Midha Singh (P.W. 4). There was hot altercation between Kaka Singh and Babu Singh at the dinner. Kah Singh threw away his food and hurled abuses to Babu Singh. Midha Singh (P.W. 4) pacified them and took the three accused to their houses. Babu Singh went to the house and Chanan Singh, who had already returned from the house of Moti Singh, and informed him about what had transpired between him and Kaka Singh. Chanan Singh was sitting outside his house along with his brother Sajan Singh and son Gurbhajan Singh. Soon after Gurdayal Singh, appellant armed with Gandasi and Sardul Singh and Kaka Singh armed with lathis went there. On seeing them coming Babu Singh immediately left the place and scaled the wall to enter his house. The accused inquired about Babu Singh and started abusing. Chanan Singh, Sajan Singh and Gurbhajan Singh tried to pacify them and took them out from the house. When they were taking them towards their houses the accused hurled abuses. When they had reached near the 'nohra' of Inder Singh at about 9.00 P.M., Babu Singh and Midha Singh also reached there on hearing the noise. Gurdayal Singh hurled abuses to Gurbhajan Singh telling him that he was siding Babu Singh. Gurdayal Singh then inflicted Gandasi blow on the head of Gurbhajan Singh and exhorted Kaka Singh and Sardul Singh to assault him. Gurbhajan Singh fell down. When Babu Singh and Sajan Singh tried to intervene Sardul Singh inflicted lathi blow to Babu Singh. Gurdayal Singh inflicted Gandasi blow from its wrong side on the right thigh of Gurbhajan Singh. Chanan Singh raised an alarm that Gurbhajan Singh had been killed. The three accused ran away towards their houses. Gurbhajan Singh was bleeding from the head injury. He was taken to Ganganagar hospital in a jeep and admitted as an indoor patient. He succumbed to the injuries sustained by him at about 2.00 P.M. in the same night. At 9.00 A.M. on June 1, 1972 Chanan Singh went to Police Station Chunawad and lodged the report Ex. P. 1. A.S.I. Sadhu Singh (P.W. 6) went to Ganganagar hospital and prepared the injury report and the inquest memo. The Medical Jurist Dr. M. P. Agrawal (P.W. 7.1 had examined Gurbhajan Singh for his injuries and noted following injuries on his person:

(3.) Lacerated wound (transverse) 11/2 X X muscle deep on the middle 1/3 of the posterior aspect of right thigh. 3. According to the Doctor injury No.1 was grevious and caused with sharp weapon. The other two injuries were simple and caused by blunt object weapon. The injury report is Ex. P. 2. Gurbhajan Singh succumbed to the injuries sustained by him at 1.45 A.M. in the night. The postmortem examination of the dead body was collected by the same Doctor, The postmortem examination report is Ex. P.3. The cause of death revealed by the postmortem examination was head injuries with intracrunial haemorrhage and acute pulmonary codema. A.S.I. Sadhu Singh (P.W. 6) went to the site and prepared necessary memos and conducted investigation.