HAKAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment dated 27-3-2003 passed by the Additional Sessions Judge, Raisingh Nagar convicting the appellant Hakam Singh of offence under Section 302, IPC and sentenced to undergo Imprisonment for life and to pay a fine of Rs. 5000/- in default of payment to further undergo 3 months rigorous imprisonment. He has also been convicted of offence under Section 27 of the Arms Act and Section 3/ 25(1-B) of Arms Act and sentenced to 1 year rigorous imprisonment and to pay a fine of Rs. 500/-; in default of payment to further undergo 15 days simple imprisonment on each count.

(2.) The brief factual backdrop of the case, as emerged during the trial is that one Surain Singh a resident of 12 GB, Tehsil, Vijay Nagar died in year 1998 leaving behind two sons appellant Hakam Singh, P.W. 4, Tara Singh and four daughters Mahendra Kaur, Jogendra Kaur, Pritam Kaur and Tej Kaur. P.W. 5 Hardev Singh is the son of Jogendra Kaur. Sardul Singh is the son of Pritam Kaur. There existed hostility between appellant Hakam Singh and his son Virendra Singh on one side and P.W. 4. Tara Singh, and others on the other side, because of land dispute. Deceased Sardara Singh a resident of 15 GB aged 70 years was not connected with the family of Surain Singh, but was considered to be a man of the appellant Hakam Singh. The distance between 12 GB & 15 GB is 4 kms. His two sons namely Satnam Singh and Baldev Singh has gone to Dubai for earning as labours. While first daughter-in-law, namely P.W. 1 Amarjeet Kaur w/ o Satnam Singh lived with deceased Sardara Singh, in 15 GB, the other the P.W. 2 Kulvinder Kaur w/o Baldev Singh in Vijay Nagar.

(3.) As per the prosecution version on 8-10-2001 deceased Sardara Singh on being summoned by appellant Hakam Singh reached at 12 GB at his house. It is alleged that at about 10.00 p.m. he was shot dead by the appellant. Shocking news of the incident was conveyed to his daughter-in-law P.W. 2 Kulvinder at Vijay Nagar by P.W. 5 Hardeo Singh. Kulvinder rushed to village 15 GB and passed on the shocking news to P.W. 1 Amarjeet Kaur. Both the ladies reached at the place of occurrence at 1:30 p.m. As regards motive it was suggested to falsely implicate the persons of opposite party i.e. P.W. 5 Hardeo Singh, P.W. 4 Tara Singh etc. on the charge of murder of Sardara Singh, the appellant shot him dead. As a strategy at the first Instance he opened fire in the air from the terrace with a view to provoke the persons of other group. Thereafter he came down and fired the gun and killed Sardara Singh. The further case of the prosecution is that the appellant took the injured Sardara Singh to the hospital at Vijay Nagar in his car to show his innocence. The incident was narrated to both the ladies by P.W. 5 Hardeo Singh and others on their arrival on the spot. After apprising of the incident to their husbands at Dubai on telephone P.W. 1 Amarjeet Kaur submitted a written report Ex. P1 before P.W. 13 Ram Pratap the S.H.O. Police Station, Vijay Nagar at 4.15 a.m. On the basis of the said information police registered a case for offence under Section 302, IPC and Section 27 of the Arms Act. It may be stated that before filing of the FIR the police had received a telephonic information of the incident at about 11.00 p.m. from P.W. 5 Hardeo Singh, to the effect that the appellant Hakam Singh has opened fire and has left towards the Mandi in a car was entered in the Rojnamcha vide Ex. P45. The police also received a telephonic information from hospital at Vijay Nagar to the effect that dead body of Sardara Singh was brought by appellant Hakam Singh. Accordingly P.W. 13 Ram Pratap the Incharge of the Police Station, Vijay Nagar reached to the hospital and found the dead body of Sardara Singh lying in Mortuary. He also met with Hakam Singh. Thereafter he proceeded to village 12 GB. He found that Jaswant Singh, Jarnail Singh, Charanjit, Baldev Singh, Sukhvir Singh, Tara Singh, Nirmal Singh, Bhajan Singh and Niranjan Singh assembled at the house of P.W. 5 Hardeo Singh. It was disclosed by them that a quarrel had taken place between Hakam Singh and P.W. 5 Hardeo Singh a day before the incident which led to the incident. The police arrested Hardeo Singh and others under Section 151, Cr. P.C. and brought them to the police Station.