MAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgment dated 16/02/1990 passed by the learned Additional Sessions Judge, Raisinghnagar and as such those are being decided by a common judgment.

(2.) Appellant Mal Singh and Gurumukh Singh and co-accused Inder Singh faced trial before the learned trial Judge for the offences under Sections 302/34 and 460 I.P.C., who by his impugned judg ment found appellants Mal Singh and Gurumukh Singh guilty for the offences under Section 302, read with 34, I.P.C. and 468, I.P.C. and setenced each one of them to life imprisonment and a fine of Rs. 500.00 and in default to further undergo R.I. for one year on the first count and seven years rigorous imprison ment and a fine of Rs. 500.00; in default to further undergo rigorous imprisonment for one year on the count, and further directed that their substan tive setences shall run concurrently. However, he acquitted co-accused Inder Singh.

(3.) Briefly the factual matrix on which the pros ecution case stands is that on 15-11-1987 at about 10-11 a.m., P.W. 2 Dalip Singh, P.W. 3 Chand Singh, P.W. 11 Raja Singh and P.W. 1 Gurbachan Singh residents of village Thandewala came to the Dhani of P.W. 15 Daljeet Singh, Sarpanch and informed him that in the night intervening the 13th and 14/11/1987, they had heard sounds of gun shots from the house of Naseeb Singh Jat Sikh, that in the morning they found that the main gate of his house was closed, however, its window was open, that none of the inhabitants of his house came outside, that thereupon villagers assembled and when they peeped into the house, they saw the dead body of Naseeb Singh lying on the threshold of his room, while the dead bodies of his brother Nichhetra Singh and mother were lying in pool of blood on two cots and that the deceased persons had multiple injuries. Thereupon, Daljeet Singh sent a telephonic message to the S.H.O., P.S., Raisinghnagar. It appears that P.W. 17 Rajendra Singh, S.I. reached village Thandewala on the same day at about 3 p.m. when Daljeet Singh gave him an oral information on which F.I.R. Ex.P. 22 was drawn. Daljeet Singh told the S.I. about the said incident. He also informed that appellant Mal Singh, who is the elder brother of deceased Naseeb Singh and Nichhetra Singh and son of deceased Smt. Balveer Kaur, had committed the murder of one Prakash Singh, the cousin of P. W. 11 Raja Singh some time in the year 1977 and after trial was convicted and undergoing life imprison ment in the Central State Farm Open Jail, Jetsar, that about four years prior to the alleged incident de ceased Naseeb Singh and Nichhetra Singh brought the wife of appellant Mal Singh to their house on the assurance that they would give her the share of appellant Mal Singh in the land to her but they illegally kept her with them for about 2-3 months. Daljeet Singh further informed that about 3 1/2 years prior to the alleged incident, appellant Mal Singh was released on parole, that when he came to his village Thandewala, he convened a panchayat, wherein he and deceased Naseeb Singh and Nichhetra Singh mutually partitioned their agricul tural land, that appellant Mal Singh also demanded his share in the 'Theka' amount of the land from them, but the latter declined to accede his demand and that thereupon another panchayat was con vened, wherein deceased Naseeb Singh and Nichhetra Singh categorically refused to give any share to him. Daljeet Singh further informed that thereupon appellant Mal Singh had accosted his brothers Naseeb Singh and Nichetra Singh that they had illegally kept his wife and asked them either to leave village Thandewala after selling their respec tive shares in the land or to settle the account of his share in the land. Daljeet Singh further informed the said S. I. that some unknown persons had murdered the aforementioned three deceased persons, whose dead bodies were lying in the house and that villag ers have also discovered some foot impressions at the place of occurrence. On the basis of F.I.R. Ex. P.22 Crime No. 231/87 for the offences under Section 302, read with 34 I.P.C. and under Section 27, Arms Act was registered at Police Station, Raisinghnagar.