GAJJANSINGH Vs. STATE

JUDGEMENT

(1.) The accused Gajjansingh was convicted of the offence under Sec. 302, Penal Code and was sentenced to imprisonment for life by the learned Sessions Judge, Sri Ganganagar by his judgment dated Jan. 22, 1975. He was also convicted under Sections 25 and 27, Arms Act and was sentenced to rigorous imprisonment for one year and two years respectively. All the sentences were ordered to run concurrently.

(2.) The prosecution case in brief is that, Gujarsingh the father of the accused was murdered on 6.3.1957 for which Butasingh, Jawaharsingh, Sarwansingh and Gurdevasingh were prosecuted. The motive for the murder was that Butasingh had illicit connections with one Mst Prasanni Kaur. Mst. Prasanni Kaur was the cousin sister of the deceased Gujarsingh being his mother's sister's daughter. Gujarsingh used to object Butasinghs relations with her, for which, Butasingh harboured enmity against him. Because of that, Gujarsingh harboured enmity. It is alleged that on May 20. 1973 at about 7.00 or 7.30 p.m. Jawaharsingh (deceased) son of Butasingh was proceeding to the house along with camel cart after unloading the fodder from the field at the "Nohra". He was proceeding ahead of the camel cart holding the nail of the camel. Darshansingh is the siri was following him behind the camel-cart. When Jawaharsingh reached near the house of Narainsingh, Gajjarsingh (accused) and Harisingh s/o Gujarsingh came out of their house armed with 12 bore pistols. The accused Gajjansingh fired a pistol shot on Jawaharsingh, whereby, he fell down. Thereafter, both of them ran away. Butasingh was at some distance behind Darshansingh. Both of them rushed and lifted Jawaharsingh and brought him to the house of Chandusingh and from there, they carried the injured to the hospital, Sangaria. Butasingh went to police station, Sangaria and lodged the report Ex.P/1 at 8 p.m. on that very day. The S H O. Gorudan (PW 6) registered the case under Sec. 307 Penal Code and 25, Arms Act and undertook the investigation. P.W. 6 Gorudan then visited the hospital, Sangaria. He gave a 'tahrir' to the doctor for medical examination. Thereupon, the doctor informed him that the condition of the injured is serious, bis dying declaration may be recorded. Then he gave written tehrir at 8.20 p.m. to the Tehsildar for recording the statement of the injured at the hospital. P.W. 10 Chandsingh came to the hospital and recorded the statement Ex.P/24 of the injured, after obtaining the certificate from the doctor regarding the condition of the injured for giving the statement S.H.O. Gorudan also recorded the statement Ex.P/7 of the injured. The injured was referred to Ganganagar Hospital. He was brought there on 20.5.73 at 2 p.m. He succumbed to his injuries on 23.5.73. at 10.00 p.m. Thereafter autopsy was conducted-on the dead-body of Jawaharsingh on 24.5.73 at 9.00 a.m. The S.H.O. Gorudan conducted the spot investigation in the morning on the next day of the occurrence. He prepared the site-plan (Ex.P/9) & site-inspection (Ex.P/9A). He seized the blood-stained earth (Ex.P 10) and sample of the earth (Exp/11). The accused Karisingh was arrested on 4.6.73 and the accused Gajjansingh was arrested on 5 6.73 after obtaining the warrant of arrest from the Court. On 11.6.73, the accused Gajjansingh gave information Ex. P/19 in respect of 12 bore pistol and got the same recovered vide memo Ex. P/20. The accused was not having any licence of the pistol (Ex. 5). The sanction for prosecution (Ex. P/21) was obtained from the District Magistrate, Sri Ganganagar. After completion of the investigation, charge-sheet was presented against the accused-persons, and the accused-persons were committed for trial to the court of Sessions. The accused Gajjansingh was charged for the offences under Sec. 302, Penal Code and Sec. 25 and 27, Arms Act. The other accused Kari s/o Gujarsingh was also charged, but after trial, he was acquitted. The accused Gajjansingh pleaded not guilty and claimed to be tried.

(3.) At the trial, the prosecution examined P.W.1 Darshansingh, (Siri), P.W.2 Butasingh (father of the deceased), P.W.3 Puransingh (Motbir of the recovery of the pistol). P.W.4 Lalchand (Motbir of the arrest of the accused Gajjansingh), P.W.5 Dr. M. P. Agrawal, Medical Officer, Ganganagar, P.W.6 Gorudan, S.H.O.. P.W.7 Dr. Swadesh Mitra Saini (who examined the injuries at Sangaria Hospital), P.W.8 Dr. A. S. Gahlot (who performed the operation on 23.5.73), P.W.9, Dr. S.S. Bhargava, Radiologist, P.W. 10 Chandsingh,Tehsildar, and P W. 11. Sahiram, A.S.I. Kotwali, Sri Ganganagar, (who prepared the Furd Surat Mal Lash and Panchnama). The statement of Gajjansingh was recorded in which he denied the prosecution case. No evidence was led in defence. The learned Sessions Judge, after hearing the arguments, convicted and sentenced the accused as aforesaid. The learned Sessions Judge relied on the evidence of P. W 2 Butasingh, and P. W. 1 Darshansingh. He also relied on the evidence of dying declaration and further reliance was placed on the circumstances of absconding and recovery of the pistol and it was found that there was a motive on the part of Gajjansingh. Relying on these circumstances in evidence, he found the accused Gajjansingh guilty of the offence of which he was convicted. Dis satisfied with the conviction and sentence, the present appeal has been filed.