HARDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) GURUCHARAN Singh filed an oral report before the SHO, Surat Singh of Police Station Laxmangarh, District Alwar, which was registered as Cr. Case No. 23 dated 17th March, 1975, as 1 AM. According to GURUCHARAN Singh, there was enmity between him and the other group of persons, who are accused as the houses and the fields of both the parties are side by side. It was alleged that the accused persons had been doing damage everyday, and therefore, they were inimical to the informant and his persons. On 26th March, 1975, at about 5 PM, the brother-in-law of the informant, Singarasingh went out from the house for getting his 'sarson' (Mustard) weighed. He went to bow his head to Gurdwara first, and when he came out and for making water (urination) he stood, he was attacked by the accused persons by various weapons, namely, Farsi, Lathi, Pistol, Ballam, Axe etc. There upon, the informant, Tarasingh, Swaransingh, Narendrasingh, Daleep Kaur, Balwant Kaur, Surjeet Kaur, Juru-mej Kaur, Bachansingh Amriksingh and Surendrapal Kaur, who tried to save Singarasingh could not succeed and Singarasingh was killed and his dead body was lying at the spot, and injuries had also been caused to the informant and his associates also who had tried to intervene and save Singarasingh deceased, Singara Singh had received injuries on the head and chest. Ajeetsingh accused had a Pistol in his hand, which he had fired and Narendrasingh got an injury from that Pistol and his shirt had also burnt. Balbirsingh had a Farsi in his hand. Hardeepsingh had a Ballam and Mukhtiyarsingh a Farsi, Swaransingh a Tabbal, Jugendrasingh a Farsi, Joga a Lathi, Jeetsingh a Ballam, Pyara Singh a Farsi, Dilbaghsingh a Lathi, Gurdayal a Farsi and accused Bhajan Singh had a Farsi in his hand. They all gave beating with these weapons. Pyarasingh gave a Farsi blow on the teeth of the informant, GURUCHARAN Singh. He also received injuries on the left arm from Swaransingh's Tabbal. He also received injuries from accused Mukhtiyarsingh's Farsi. He was accompanied by the brother of Singarasingh, while filing the report at the police station.

(2.) THE report of the alleged incident, was reduced into writing by the SHO, Suratsingh. He found that Gurucharansingh the informant was bleeding from his lips, and injuries were present on the other parts of his body also, the details of which have been given in the note appended to the first information report. THE injuries received by Tarasingh, were also seen by the SHO and he noted them also in the note. On this basis of this report, a case under Sections 148, 149, 302, 324, 325, 326, and 323, IPC was registered.

(3.) IN this appeal, Mr. Tibrewal, the learned counsel for the accused-appellants, has taken us to the entire record; read the evidence of all the witnesses and the other material oral as well as documentary evidence including the defence evidence, in order to persuade us to conclude the submissions which he made that as per the prosecution evidence, the offences that have been committed by accused Dilbagh Singh and Hardeep Singh, cannot travel beyond the purview of Section 304, IPC, and that, so far as the other accused persons are concerned, they deserve acquittal.