JOG SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was charged and tried for offences under Ss. 302, 436, 447 of the IPC and Sec. 3/27 of Arms Act for having committed murder of Ratan Singh on 20/10/1986 at Village Barathal Kallan, P.S. Khinvasar, Distt. Nagaur. He was convicted for aforesaid offences by judgment and order dtd. 26/9/1989 passed by Additional District and Sessions Judge, Nagaur and was sentenced as under:-

(2.) The prosecution story as set out in the F.I.R. (Ex.P-1) is that on 20/10/1986, complainant Khag Singh (PW-1) lodged a report to the police station khivsar to the effect that his younger brother deceased Ratan Singh was living in a Dhani (hamlet) situated on their field named Indokawala. Ratan Singh was not married and lived alone. On 20/10/1986, complainant and his two sons Dul Singh @ Dule Singh (PW-2) and Labu Singh @ Labhu Singh (PW-3) alongwith Ratan Singh were working in the said field of joint-tenancy. On that day, at about 3:15 in the afternoon, appellant-accused Jog Singh came to the complainant's field from the road leading from his village to Tankla village. This road passes near the boundary wall of the complainant's field. Jog Singh had a 12 bore gun and a bundle of cartridges. As soon as he arrived, he challenged Ratan Singh and told him to get ready to die. He then, fired gun at Ratan Singh, causing Ratan Singh to fall to the ground. The complainant and his two sons, out of fear, ran towards the neighboring Dhani to save their lives. Jog Singh fired 2-3 more shots at Ratan Singh. Thereafter, Ratan singh went to the Dhani of complainant and set it on fire and then ran away.

(3.) After receiving of above report, a formal F.I.R. was registered, investigation was commenced and after completion of investigation, challan was filed against the appellant. After the case was committed to the Court of Sessions, appellant was put on trial. He stood charged for the offences punishable under Ss. 447, 436, 302 of the I.P.C. and Sec. 3/27 of the Arms Act. The appellant denied the charges and claimed to be tried.