BAKHTAWARSINGH Vs. STATE

JUDGEMENT

(1.) THE two appellants. Bakhtawar Singh and Karnailsingh along with their fathers, Narsingh and Gurbux-singh respectively were tried for offences under Sections 302 and 307, Indian Penal Code as also under Section 27 of the Arms Act. The learned Sessions Judge, Sri Ganganagar acquitted Narsingh and Gurbux Singh and convicted the appellants for ant offence under Section 307, Indian Penal Code for attempt to murder Jaggasingh and Balbirsingh by causing injuries to them by 303 rifles and sentenced each one of them to suffer imprisonment for life, Jaggasingh succumbed to the injuries on the spot. The appellants were further convicted under Section 27 of the Arms Act and each one of them was sentenced to undergo rigorous imprisonment for 3 years. The appellants have come-up in appeal against their convictions and sentences.

(2.) THE incident relating to this, case took place at village Khaliwala, district Ganganagar, on 23-3-1972 at about p. m. in killa No. 5 of the field belonging to P. W. 1 Jantasingh and his uncles P. W. 2, Balbirsingh, P. W. 3 Mahendra-singh and deceased Jaggasingh, hereinafter called as the complainants. This field is located just adjacent to 'nakka' (canal outlet) 6 F. D.

(3.) THE prosecution case, briefly stated, is that no timings were fixed for taking water from the canal for irrigation purposes. According to the complainants, they were to take water from^ the canal at 8 p. m. They therefore-reached their field before sunset to set the water courses oik their field in order. On reaching the field, they found the two appellants armed with 303 rifles, Natsingh armed with a bore gun and Gurbuxsingh armed with a kassi, They were all sitting near the 'nakka' Mithusingh's field. Seeinig the complainants, Bakhtawarsingh appellant told them not to proceed further as they would not allow them to divert canal water into their field. Jaggasingh, in reply asserted his right to do so. The complainants then started towards the 'nakka' When they were at a distanse of about 20 pawandas from the 'nakka' the two appellants and Narsingh opened fire at the complainants at the instigation of Gurbux Singh. One of the shots hit Jaggasingh who fell down and died instantaneously on the spot. One shot hit Balbirsingh's right leg and another on his right thumb. Jantasingh P. W. 1, Mahen-drusjiwih W. 3 and Balbirsingh P. W. 2 then came back to their village and narrated the stqry to'p. W. 5 Hukamsihgh. The latter proceeded to the Border Security Force post at Khaliwala to report the matter. The Eorder Security Force authorities at Khaliawala, in, their turn, Informed the Deputy Commandant, B. S. F, Headquarters, Raisinghnagar. who delivered telephonic message to P. W. 9 Jaleysingh, SHO, Gajsinghpura, to the effect that firing had taken place it Kfyjliwala. On receipt of this tele-irfidnle message, the Station House Officer rushed to the village Khaliwala and recorded Ihe statement of P. W. 1 Janta-singh at about 10. 30 p. m. Treating that information to be the F. I. R. the "sho started investigation. The SHO inspected the site on the next morning and recovered the two empty cartridge cases of 303 rifles in the field of Mithusingh. Both these empty cartridge cases were duly sealed in the presence of P. W. 1 Jantasingh and P. W. 7 Mukhtyarsingh vtde recovery memo Ex. P-7. Narsingh and Gurbuxsingh were arrested on 24-3-1972 and the two appellants on 27-3-1972. On being interrogated, appellant Bakhtawarsingh informed the SHO at 10 a. m. on 30-3-1972 that one 303 rifle given to his father by the State Government along with one bag containing 23 live cartridges and two fired cartridges was concealed by him underneath a stack of Masoor in his field in killa No. 8 of Murraba No. 61. He also showed his willingness to get that rifle and that bag recovered. This information was recorded by the SHO and is contained in Ex. P. 26. On the same day, that is, ,30-3-72, at 11a. m. , appellant Karnailsingh on being interrogated gave similar information revealing the discovery of another. 303 rifle. In pursuance of the above informations, the appellant Bakhtawar Singh got recovered at his instance two. 303 rifles (Ex, 7 and Ex. 8) and two bags contain-I live and fired cartridges* They were and sealed by the SHO in the presence of the motbirs Bantasingh and PWJP Mukhtyarsingh. The two empty cartridge-cases recovered on the spot cwy 24-3- -72 and the two rifles (Ex, 7 and Ex. 8)-recovered on 30-3-1972 were sent to Pr. O. P. Chug P. W. 8, a ballistic expert on 13-7-1972. P. W. 8, Dr. Chug after thorough examination pined that the two-empty cartridges Ex: 1 and Ex. 2 were-fired from the rifles Ex. 8 and Ex. 7 respectively.