HANUMAN Vs. STATE

JUDGEMENT

(1.) THE three appellants and one Jai Singh were tried for offence under the Indian Penal Code and Indian Arms Act by the Additional Sessions Judge No. 2, Sri Ganganagar. As a result of the trial, Sadhu Singh was convicted under sec. 302 I. P. C. and sentenced to life imprisonment. He was however acquitted of the charge under sec. 27 Indian Arms Act. Sohan Singh and Hanuman were acquitted for charge under sec. 302 I. P. G. but each one of them was convicted under sec. 25, Indian Arms Act and sentenced to three years' rigorous imprisonment. Jai Singh was acquitted of all the charges levelled against him. THE three convicts have filed appeal No. 704/71 seeking their acquittal. THE State of Rajasthan has also preferred a revision application praying for the award of extreme penalty of death to Sadhu Singh.

(2.) THE prosecution evidence disclosed that Sher Singh (P. W. 11) resident of village Guda Beeruwala Tehsil Sirsa District Hissar had two murrabbas of land in village Nethrana, Tehsil Bhadra, Rajasthan. With a view to help him in the cultivation of the said land he took one Tulsi as his partner to cultivate with him. After sometime Tulsi started claiming the land as his own. Some how. he got the land from him and at the advice of Jaisingh accused, who was distantly related to Sher Singh, finally accepted Sadhu Singh as his partner. Jai Singh even suggested to Sher Singh to adopt Sadhu Singh, as he was a bachelor and ostensibly there was none to succeed him. Sher Singh had only one widow sister Daya Kaur (P. W. 1 ). Sher Singh did not accept this suggestion but all the same Sadhu Singh started living with him. After sometime Sadhu Singh also betrayed his trust and claimed the land of Sher Singh as his own. THEn followed a litigation between Sher Singh and Sadhu Singh. Sher Singh appointed Bakshishsingh as his general power of attorney holder to appear in the litigation on his behalf. It was in the course of this litigation. Tehsildar Bhadra was appointed Receiver to manage the land of Sher Singh. In his capacity as the Receiver Shri Shantulal, Tehsildar Bhadra, went to village Nethrana on 25-8-70 to auction the land, perhaps as a part of managing the same.

(3.) THE result of the third autopsy on the dead body of Mithoo Singh, was, that the doctor found the following injuries: Two incised wounds; one 2" x 1" bone deep left hand dorsal aspect cutting through meta-carpo-phalyngeal joints of the middle and index fingers, and the other was 2' x 2-1/2" x muscle deep right fore-arm about its middle THE third injury was a gun shot wound with multiple small shots spread out in front of the right chest upper part front of right shoulder right side of the neck about 8", in radius spread from the middle of the clavicle. THEse injuries were also ante mortem in nature and the cause of death was reported to be the gun shot injury. 22 small gun pellets were recovered from this wound. THE two incised injuries were caused by sharp edged weapon.