LAKHASINGH Vs. STATE

JUDGEMENT

(1.) These two jail appeals are directed against the Judgment of the learned Additional Sessions Judge, Bhilwara dated 26-8-1985, whereby the learned Addl. Sessions Judge has held the accused-appellant Ghewaria guilty of the offences under S. 302, I.P.C. and under S. 5 of the Indian Explosive Substances Act, 1908 and accused appellant Lakha Singh guilty of the offences under S. 302/34 IPC and under Ss. 3/25 and 27 of the Indian Arms Act. The accused-appellant Ghewaria has been sentenced to imprisonment for life together with a fine of Rs. 100.00 and in default of payment of fine, to further undergo rigorous imprisonment for three months for the offence under S. 302, IPC and three years rigorous imprisonment together with fine of Rs. 100.00 and in default of payment of fine, to further undergo rigorous imprisonment for three months for the offence under S. 5 of the Explosive Substances Act and the accused-appellant Lakhasing has been sentenced to imprisonment for life together with a fine of Rs. 100.00 and in default of payment of fine, to further undergo rigorous imprisonment for three months for the offence under S. 302/34, IPC and rigorous imprisonment for six months and one year for the offences under Ss. 3/25 and 27 of the Indian Arms Act respectively. The substantive sentences were ordered to be run concurrently.

(2.) The facts necessary to be noticed for the disposal of these two appeals briefly stated are that on 2-7-1983, at about 3.15 p.m., P. W. 2 Vensigh was working at his hotel situated in village Suraj. He was preparing tea and Shri Udaisingh Rawat and Rupa Gujar were sitting there to take tea from him. At that time, from the western side, Pratapsingh Rawat resident of Banjari, who was in police uniform and was armed with a single barrel rifle, Lakhasingh Rawat, resident of Masaniya Magari, who was armed with a double barrel muzzle loaded gun wearing a white Jhaba and yellow turban and Dhoti and one more person who was smaller in size and was aged about 25 years, to whom, he did not know by name but he was letter on identified as Ghewaria, and was holding explosive substance in his hand, came to his hotel. It is alleged that Pratap Singh called Udaisingh outside the hotel but on seeing them, Udaisingh tried to enter into the room of the Hotel from the verandah where he was sitting, whereupon, it is alleged that accused Pratapsingh fired from his rifle on Udaisingh and accused Ghewaria threw some explosive substance (hand-grenades) on Udaisingh, which created lot of noise and smoke. Udaisingh fell near the gate of the room and lot of blood came out from his body. The splinters of the explosive substance caused injuries to Roopa Gujar. The stone pieces of the wall and floor as also explosive substance hit Vensingh also. It is further alleged that at that time, Mst. Pyari wife of Udaisingh was standing on the Hand-Pump and was filling water in her pitcher. Thereafter, all these three persons dragged Udaisingh inside the room of the tea Hotel of Vensingh and there again, Pratapsingh fired on his head. Accused Lakhasingh was standing with his gun in a firing position. On account of receiving these injuries, Udaisingh died then and there and thereafter, all the three went away from the place of the occurrence, towards the western side.

(3.) . It was suspected that deceased Udaisingh's brother-in-law was serving in Police Station, Tatgarh and, therefore, these accused-persons feared that Udaisingh is being used as an informant and, therefore, he was killed by accused Pratapsingh and his companions.