MOD SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgement dated 16. 7. 90 passed by the learned Additional Sessions Judge, Nagaur, whereby he convicted appellants Mod Singh and Man Singh alias Madan Singh for the offence under section 302 I. P. C. for committing the murder of Madanlal and Sita Ram respectively and sentenced each of them to life imprisonment together with a fine of Rs. 100/- and in default to further undegro one month's S. I. He further convicted the appellants for offences u/ss. 25 &' 27 Arms Act and sentenced each of them to rigorous imprisonment for one year alongwith a fine of Rs. 100/- and in default to further undergo S. I. for one month on each count and directed that their substantive sentences shall run concurrently. He, however, acquitted co-accused Shravan Singh, Hanuman Singh, Nand Singh, Onkar Singh and Bhagwan Singh of the offences u/ss. 147, 148, 302/149 and 325 read with 149 I. P. C.

(2.) THE prosecution case as disclosed during trial is that in the morning of 15. 08. 1987 the Independence Day Function was being celebrated in Government Upper Primary School, Village Loonsara. P. W. 16 Gyan Singh Rajput, Sarpanch was presiding over that function, while D. W. 5 Veer Singh was the Chief Guest. P. W. 1 Bheekham Chand Soni, the Head Master, P. W. 13 Hardeen Ram Kumhar and P. W. 15 Ramkishore Soni teachers and P. W. 14 Bhanwara Ram P. T. I. were present. About. 250-300 villagers also gathered to witness that function. At about 9 A. M. , 'slow Cycle Race' competition took place where in five villagers and students participated. It is alleged that co-accused Onkar Singh and P. W. 4 Hari Ram s/o Dala Ram remained last in the said competition and their cycles collided. THEreupon, there was exchange of hot words between them. However, P. W. 14 Bhanwara Ram, P. T. I. and others pacified them and the function continued. It is alleged that thereafter, co- accused Onkar Singh went away from there and after about 10-15 minutes, when P. W. 16 Gyan Singh was addressing the audience appellants Mod Singh and Man Singh and co-accused Shravan Singh each armed with country made pistols (Deshi Katta), co-accused Bhagwan Singh having a pistol, co- accused Onkar Singh armed with a pistol and a cycle chain and co- accused Nand Singh and Hanuman Singh having lathis came there. It is further alleged that appellants Mod Singh, Man Singh and co-accused Shravan Singh fired towards Madanlal Jat and committed his murder; that in the meanwhile, Sita Ram S/o. Dala Ram ran away towards the southern side of the School, that thereupon, the appellants and co-accused Shravan Singh ran after him, that when Sita Ram crossed the School boundary in the field of Teja Ram and looked back, the appellants and the co-accused Shravan Singh also fired towards him, that Sita Ram received gun shot injuries and fell down and that thereafter all the assailants made good their escape. THE persons, who had assembled for the function, also fled away. Injured Sita Ram was immediately taken to Govt. Hospital, Kuchera, where he was declared dead by the doctor.

(3.) DR. S. N. Saran found following injuries on the dead body of Sita Ram:- 1. A Fire arm wound, size 3" x 2" x 2" on right temporal region of the head. Margins were ragged and contused. Subcutaneous and deeper tissues including muscles were disrupted and an irregular hole was produced in the said region of the skull: 2. An abrasion of size 1-1/2" x 1" on the dorsal side of the right elbow: 3. An abrasion of the size 3" x 1/3" on the dorsal side of the left fore-arm 1" below the left elbow.