PYAR SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant Gajraj Singh has been convicted under section 302 IPC. He has also been convicted under section 148, 307/149 I.P.C. Accused appellant Rajpal has been convicted under section 148, 323, 307/149, 302/149 Penal Code and accused Baney Singh has been convicted while Pyara Singh, Hukam Singh and Mahendra Singh have been convicted under section 148, 307, 148, 302/149 IPC. Each of them has been sentenced to imprisonment for life and also to pay fine under various counts. All the substantive sentences have been ordered to run concurrently.

(2.) From a look at the site plan (Ex.P. 2) and as per the facts of the case, it appears that there is a Chabutara of accused appellant Pyar Singh in Nagla Jharkai, Police Station Nadbai and adjoining it is the KHALIHAN which has been shown by letter 'U in the site plan. The case of the prosecution is that on 11.2.1989, the accused appellant Pyare Singh made an attempt to encroach on the land of the 'Gaint' of deceased Motilal. Earlier also, some part of the Gaint had been encroached upon and a platform had been by Pyar Singh. When the deceased asked the accused- appellant Pyar Singh not to do so, there was some exchange of abuses in between them and the other accused appellants arrived there out of which the accused appellant Gajraj Singh and Baney Singh were armed with Farsa and rest were armed with lathis. Accused appellant Pyar Singh is said to have exhorted other accused appellants to see Moti and at this, as per the case of the prosecution in the FIR, accused appellant Gajraj Singh who was armed with a Farsa gave a blow on the head of the deceased and the other accused Hukam Singh gave a blow at the feet of Moti, as a result of which he fell on the ground. When Ram Swaroop and Charan Singh intervened they too were given beating. Motilal was taken in injured condition first to the hospital at Nadbai where his injuries were examined vide Ex.P. 16 by Dr. Sukhram (PW-10) who found that there were two injuries on his person, the first was swelling (haemotoma) with multiple small lacerated wound 1/2 x 1/2cm on left and right parietal of scalp and hematoma of middle part. The other injury was also lacerated wound 2 x 1cm on the right leg. Motilal was in a serious condition and was advised to be taken to the General Hospital, Bharatpur, where he died on 13.2.1989 and PW-II Dr. Bhopal Singh conducted the autopsy of his dead-body. He found the same external injuries as were found by Dr. Sukhram (PW/10) and in his opinion the injuries could be caused by blunt weapon and injury No. 1 was sufficient in the ordinary course of nature to cause death.

(3.) Dr. Sukhram (PW-10) had also examined the injuries of Ram Swaroop and Charan Singh, vide injury reports Ex.P. 17 and Ex.P. 18 respectively. The doctor found that there was an incised wound 6 x l/2cm x bone deep on the right side of the parietal region of scalp. X-ray was also advised. On x-ray which was conducted by PW-9 Dr. Satish Chandra Vyas it was found that there was fracture of the frontal bone, as revealed from the x-ray plate Ex.P. 13 and 14. There was also one bruise on Post. Lat, aspect of elbow joint. This injury was simple. Charan Singh had only one injury - a lacerated wound 5 x 1cm x bone deep on left parietal region of scalp. He too was examined by Dr. Sukhram (PW-10) and as per his statement, the injury was received by blunt weapon but it is not known whether any x-ray was conducted and therefore, the injury has to be taken as simple.