KULDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the petitioner and the Public Prosecutor for the State assisted by the counsel for the complaiment. Perused the order impugned and the challan papers.

(2.) I have carefully gone through the statements of deceased Baktawar Singh and injured Resham Singh, Jharmal Singh, Smt. Basant Kaur, Smt. Surjeet Kaur and Vaishaka Singh. In the Parcha-Bayan of Resham Singh, petitioner Kuldeep Singh has been specifically named alongwith other co-accused Iqbal Singh, Gurmukh Singh and Amarjit Singh. However, 15 to 20 persons were also stated to be present there. From the statements of the injured eye witnesses, as also deceased Bakhtavar Singh, it appears that petitioner Kuldeep Singh was armed with a Gandasa.

(3.) It is contended by the learned counsel for the petitioner that the injury caused to deceased Baktawar Singh by Gandasa is assigned to co-accused Iqbal Singh and, therefore, the presence of the petitioner at the place of occurrence has not been prima facie established. Learned counsel for the petitioner submits that some of the witnesses, viz. Nartha Singh, Sarjit Kaur and Gurmait Singh, have stated that petitioner Kuldeep Singh came on the motorcycle and was present at the place of occurrence but did not inflict injury to any persbn. It was further contended that in the revenue suit, there was an ex parte interim stay in favour of the accused-party. Learned Public Prosecutor has invited any attention to the statements of injured Resham Singh, Jharmal Singh, Smt. Surjeet Kaur, Smt. Basant Kaur and Vaishaka Singh Jharmal Singh, in their statements, they have clearly stated that petitioner Kuldeep Singh was armed with Gandasa and inflicted injury by Gandasa and co-accused Iqbal Singh, Amarjit Singh, Gurmukh Singh and petitioner Kuldeep Singh encircled them and Gurmukh Singh and Amarjit Singh fired their guns aiming them. As per the injury report of Jharmal Singh, he suffered an incised wound on his fore-head and this injury has been assigned to the present petitioner. Apart from the statement of Jharmal Singh, almost all the eye witnesses, who suffered injuries, have categorically stated that alongwith Iqbal Singh, Amarjit Singh and Gurmukh Singh, petitioner Kuldeep Singh also came at the place of occurrence and Iqbal Singh and petitioner Kuldeep Singh were armed with Gandasa and inflicted injuries to the deceased and the injured persons were encircled by the petitioner and other accused and Gurmukh Singh and Amarjit Singh fired their guns.