BINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated December 13, 1982 the learned Sessions Judge, Sri Ganganagar convicted the appellant Bindersingh alias Bavendra Singh under sec. 302, I P. C. and 27 of the Arms Act and sentenced him to imprisonment for life with a fine of Rs. 500/-, in default of the payment of fine to further undergo six months rigorous imprisonment on the first and one year's rigorous imprisonment with a fine of Rs. 100/-, in default of payment of fine to further undergo one month's like imprisonment under the second count. Substantive sentences were directed to run concurrently while those in default of the payment of fine consecutively.

(2.) SUCCINCTLY stated, the prosecution case is that the deceased-victim Tejasingh was the real elder brother of PW 1 Angrejsingh. They have some more brothers. Though they were residents of village Sagarwala, he used to live in Dhani which they had installed in their fields. The appellant is also a resident of the same village but he and the members of his family lived in Dhani which they had erected in their fields. The fields of the deceased-victim and the accused are situate contiguous. The appellant and the members of his family made unlawful possession over six Kilas of agricultural land belonging to the deceased victim and his brothers. This resulted in strained relations between them. PW 1 Angrejsingh used to operate a flour mill at village 9-G. He used to daily go there from his residence on bicycle or in bus and return in the evening.

(3.) THUS, none of these three witnesses whose presence at the place of incident is admitted by the prosecution, has deposed anything incriminating against the accused appellant. It has not been suggested that these three witnesses had any grudge against the deceased-victim. Of course, they stated in their police statement that accused Bindersingh had fired a shot at Tejasingh but denied to have given these statements before police. They were declared hostile and were confronted with their police statement but they stuck to their denial, through out. According to them the accused-apppellant Bindersingh was not travelling in the bus on that day.