NIHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants have been convicted and sentenced by the learned Additional Sessions Judge, Nohar by his judgment dated October 29, 1980 as under : - 1. Nihalsingh u/s 148, IPC. Six months' R. I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment. u/s 302/ 149, IPC. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo 4 months' simple imprisonment. u/s 307/ 149, IPC. One year's rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months' simple imprisonment. u/s 27, Arms Act. One year's simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment. u/s 25, Arms Act. Six months' simple imprisonment and a fine of Rs. 300/- in default of payment of fine to further undergo 2 months imprisonment. 2. Pratap u/s 148, IPC. Six months' R. I. and a fine of Rs. 100/, in default of payment of fine to further undergo 15 days simple imprisonment. u/s 302/ 149, IPC. Life imprisonment and a fine of Rs. 1000/, in default of payment of fine to further undergo 4 months' simple imprisonment. u/s 307/ 149, I. P. C. One year's rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months' simple imprisonment. u/s 27, Arms Act. One year's simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment. 3. Baldeva u/s 148, IPC. Six month's R. I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment. u/s 302/ 149. IPC. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo 4 months' simple imprisonment. u/s 307/ 149, IPC. One year's rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months' simple imprisonment. u/s 27, Arms Act. One year's simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment. 4. Dharma u/s 148, IPC. Six month's R. I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment. u/s 302/ 149, IPC. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo 4 month's simple imprisonment. u/s 307/ 149, IPC. One year's rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months' simple imprisonment. u/s 25, Arms Act. Six months' simple imprisonment and a fine of Rs. 300/-, in default of payment of fine to further undergo 2 month's simple imprisonment. u/s 27, Arms Act. One year's simple imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months simple imprisonment. 5. Jagram u/s 148, IPC. Six months' R. I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment. u/s 302/149, IPC. Life imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further undergo 4 month's simple imprisonment. u/s 307/149, IPC. One year's regorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months' simple imprisonment. 6. Raju u/s 148, IPC Six month's R. I. and a fine of Rs. 100/-, in default of payment of fine to further undergo 15 days simple imprisonment. u/s 302 /149 Life imprisonment and a fine of Rs. IPC. 1000/-, in default of payment of fine to further undergo 4 months' simple imprisonment u/s 307/149 One year's rigorous imprisonment IPC. and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 month's simple imprisonment.

(2.) THE incident in this case is said to have taken place on 8-5-79 at about 8 - 9 p. m. and the report of the occurrence was lodged by Patram father of the deceased Kartar on that very night at about 4 a. m. at the police station Bhirani District Sri-Ganganagar. It is said that the accused-persons Nihalsingh. Dharma, Pratap. Baldeva, Raju and Jagram gave 'lalkara' outside the house of Patram addressing as enemies and asking them to come out and they hurried abuses to them. His son Kartar was prepared to take bath. Kartar proceeded towards the lane. Although, he asked not to proceed ahead. Kartar was followed by his wife Lichhma (pw 5) in order to bring him back. Patram himself, Mehar Chand, Phoola and Purna also went towards the lane in order to bring back Kartar and his wife. When they reached the main entrance of the house, Kartara had already reached in the land. Seeing Kartara, first of all, Pratap fired a shot. THEreafter, the same was followed by Nihalsingh, Dharma and Baldeva. Pratap, Nihalsingh and Dharma were armed with guns, Baldeva was armed with pistol, Raju was armed with spear and Jagram was armed with gandasa. Kartar after receiving the gun-shot injuries, fell down and his wife Lichhma also sustained gun shot injuries whereby she fell down. THEreafter, the members of the complainant party gave Lalkara, then they ran away but they continued firing from near the neem tree. While so firing, they proceed towards the main entrance. In this manner they fired 10-15 shots. THEreafter, Mehar-chand, Puran and Phoola lifted Kartar and his wife and brought them inside the Bakhal of the house. Kartara succumbed to his injuries. It may be stated that Nihalsingh's father Udami was also murdered before some years ago. In that case, Patram and his sons were acquitted. On the report lodged by Patram, case under sec. 302, 307, 149, 148 I. P. C. and 27 Arms Act was registered and the investigation was undertaken by Ramjilal (PW 11 ). He visited the spot and conducted the spot investigation. He prepared the site plan (Ex. P/2 ). THE dead body of Kartara was lying on the cot at point No. 5. From Points No. 3 and 4, the pellets and wads were recovered. Point No. 3 is inside wall of Darwaja. In Ex. P/2. the Darwaja has been shown bounded by four walls having an entrance and the outer wall of this Darwaja is in the lane. Point No 4 is the eastern wall of the Kitchen, which is at a distance of 20 ft. from the Darwaja. In all, ten wads, one rubber, one metal cap and 95 pellets were recovered. A gunshot mark was found on the wall of the kitchen. On 9. 5. 79, the Deputy Superintendent of Police Shri J. R. Malhotra inspected the spot and prepared another site-plan Ex. D/2 and site-note Ex. D/3. In that plan, besides the house of Patram, the house of Nihalsingh is also shown and the site of his house was also inspected. From the house of Nihalsingh, at different points, various things were shown. THE blood was recovered from point No. 3 and a broken wooden piece of the gun was recovered. At point No. 9 it was observed that there was gun-shot marks in the eastern wall of the house of Nihalsingh at a distance of 14-1/2 ft. from point No. 7. In the eastern wall, the gun shot marks were found. From point No. 9, he recovered three pellets, and one rubber wad. From point No. 11, six wads were recovered. From point No. 10, six pellets were recovered from the southern wall after scratching it. At point No. 12, one wad was found at the entrance. In connection, with these recoveries, he prepared the recovery memos Ex. D/4, Ex. D/5 and Ex. D/6. Autopsy on the dead-body was got conducted. THE accused-persons were arrested and recoveries were made on the information and at the instance of the accused. After completion of the usual investigation, charge-sheet was presented against the accused-persons. THE accused-persons ultimately were committed to the court of the Additional Sessions Judge, Nohar for trial. THE accused-persons were charged, for which they pleaded not guilty and claimed to be tried. THE prosecution examined in all 12 witnesses. THE statements of the accused-persons were recorded, in which they denied the prosecution case. It was pleaded by them in defence that Patram and his son Kartar and others fired the shots at them at their house, at about 8-9 p. m. In the murder of Kartara, they have been falsely implicated. As regards the witnesses they stated that they have come out against them due to enmity. No evidence was led in defence. THE learned Additional Sessions Judge believed the prosecution story placing reliance on the testimony of Patram and Lichhma and so, he convicted the appellants of the aforesaid offences and sentenced them as stated above.

(3.) IN the light of the above-discussion, in our opinion, the appellants cannot be held guilty of the offences u/ss. 148, 302/149, 307/149 and 27 Arms Act. So far as the appellants Dharma and Nihalsingh are concerned, they have been convicted for (he offence under Sec. 25 Arms Act. Their conviction and sentence for the said offence have not been challenged before us. On this count, they have been sentenced to 6 months S. 1. and to a fine of Rs. 300/ -.