BALVANT SINGH & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Balvant Singh and Ratan Singh are two brothers. When brothers fight they fight fiercely and when they are embroiled in litigation, equally they resort to exaggeration and inflate the number of accused. This is the essence of the present case in which we have called upon to determine whether Jaswant Singh son of Ratan Singh and nephew of Balvant Singh appellant died due to shots fired by both Balvant Singh and his son Bittu @ Manjeet Singh or he died due to shot fired only by Bittu @ Manjeet Singh son of Balvant Singh.

(2.) Before we revert to the facts of the case, we may highlight that in the present case occurrence had taken place on 31.3.2006 allegedly on the platform (Chabutara) in front of house of Ratan Singh (P.W.19) and the written report was presented on the next day of the occurrence i.e. on 1.4.2006 at 6.05 PM. Special report had reached the Ilaka Magistrate on 3.4.2006 at 11.00 AM. Thus, there is a delay of 24 hours in lodging of the report and delay of 72 hours in reaching of the special report. Equally it is important to notice that the deceased in the present case was discharged from the hospital 5-6 days before his death and he died on 13.4.2006 after 13-14 days of the occurrence.

(3.) The Court of Additional Sessions Judge (Fast Track) No.4, Bharatpur-Headquarter, Deeg vide impugned judgment dated 17.10.2008 held that on 31.3.2006 all the three accused with common intention came in front of the house of Ratan Singh and on exhortation (Lalkar) raised by Billu, Bittu @ Manjeet Singh and his father Balvant Singh had fired from gun each in their hand at Jaswant Singh which led to his death. Saying so the trial court convicted Balvant Singh and Bittu @ Manjeet Singh for offence under Section 302 IPC and Billu Singh with the aid of Section 34 IPC, i.e. under Section 302/34 IPC. Bittu Singh was further convicted for offence under Section 3/25 of the Arms Act. Having convicted the appellants vide impugned judgment dated 17.10.2008, next day thereafter on 18.10.2008 vide a separate order trial court sentenced the appellants as under:-