RESHAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1-2-1989, passed by the Additional Sessions Judge No. 1, Sri Ganganagar, by which the learned Additional Sessions Judge No. 1, Sri Ganganagar convicted the appellant and Kakoo alias Sarvajeet Singh for the offences under Ss. 302, 302/34, 364, 449, 392 read with 397, IPC and S. 27 of the Indian Arms Act.

(2.) Appellant Resham Singh and co-accused Kakoo alias Sarvajeet Singh were tried by the learned Additional Sessions Judge No. 1, Sri Ganganagar, for the offence under S. 302, in the alternative, for the offence under S. 302/34, IPC for committing the murders of Gurvendra Singh and his two servants Jatu Ram and Ram Bahadur Nepali. They were, also, tried for the offences under Ss. 449, 362, 392 read with S. 397, IPC as well as under S. 27 of the Indian Arms Act.

(3.) The case of the prosecution, in nutshell, is that in the intervening night between 15th and 16/02/1985, two persons, whose foot-prints were found in the house of deceased Gurvendra Singh situated in village 4-W (district Sri Ganganagar) committed the murder of Gurvendra Singh and took away his two servants Jatu Ram and Bahadur Nepali for committing their murder, also. The accused, after committing murder took away the jeep No. RJQ 5330 of Gurvendra Singh. They, also, took away the licensed 12-bore DBBL gun, bandolier and the cartridges, one gold ring and Kara belonging to deceased Gurvendra Singh as well as his wrist watch. In the morning of 16-2-1985, at about 9-00 a.m., P.W. 7 Ajayab Singh along with one Bacchan Singh came to call Gurvendra Singh, who was the Sarpanch of the village and who had come on the previous night for canvassing in the general election which was to be held shortly and called Gurvendra Singh but no reply came from the house. Thereafter they called his servants but the same remained unattended. Thereafter they knocked the outer gate and found the door open and when they peeped inside the house, they saw the deadbody of Gurvendra Singh laying on a cot which was smeared with blood and his two servants Jatu Ram and Bahadur Nepali were found missing. The diesel jeep belong to deceased Gurvendra Singh was, also, not available there. The prosecution, in support of its case, examined seventeen witnesses. The accused, in their defence, examined one witness. The nature of the evidence, produced by the prosecution consists of the statement of PW 1 Dr. Leela Dhar, who conducted the post-mortem on the deadbody of Kala Bahadur Nepali and Jatu Ram on 23-2-85. P.W. 3 Dr. Jaswant Singh performed the post-mortem on the deadbody of Gurvendra Singh on 6-2-85 in village 4-W in the house of the deceased. PW 4 Gurbachan Singh is a Motbir witness to the taking of the moulds vide Ex. P. 7 Ajayab Singh lodged the FIR and is a Motbir witness to all the recoveries as well preparation of the site-plan, the arrest of the accused etc. PW. 8 Ved Prakash is a Motbir witness to the recovery of the Jeep on 18-2-1985 on Jetsar Raisinghnagar road. PW 2 Deedar Singh is the brother of deceased Gurvendra Singh, Who received the information at Patiala regarding the murder of his brother and who along with PW 6 Smt. Sarvajeet Kaur (widow of deceased Gurvendra Singh) came to village 4-W and saw the deadbody of Gurvendra Singh lying in the house. The deadbody of Gurvendra Singh was given to him and he performed his last rites. PW. 5 Ajeet Singh is the person who had last seen the accused near village 4-W on the fateful night, PW. 6 Sarvajeet kaur is the widow of deceased Gurvendra Singh, who, on receiving the information about the murder of her husband came from Patiala to village 4-W. She has, also, identified the gold ring. Kara and the wrist watch of her deceased husband. PW. 9 Gogi Arora is a Photographer of village Kesarisinghpur, who took the photographs of the deadbody of Gurvendra Singh. PW 13 Anil Kumar is the photographer at Sri Ganganagar, who took the photographs of the glass and the Lota. PW. 10 Malkiyat Singh was the Assistant Sub-Inspector of police, who was the Malkhana Incharge at Police Station, Kesarisinghpur, with whom the articles were deposited by the investigating officer and who handed-over the same to PW. 14 Maam Raj for taking the articles for F.S.L. examination at the State forensic Science Laboratory, Jaipur. PW. 11 Narendra Singh is the Incharge of the Dogs' Squad who Squad who came to village 4-W, but this witness has not supported the prosecution case and he was declared hostile. PW. 12 Shafi Mohammed was the tracker who followed the foot-prints. PW. 14 Maam Raj is the Police Constable posted at the relevant time at Police Station. Kesarisinghpur, who took 17 sealed packets for FSL examination to the aforesaid Laboratory at jaipur. PW. 15 Abdul Aziz was the Station House Officer, who investigated the matter and presented the challan. PW. 16 Mr. Shiv Dayal Mutha was the then Munsif and Judicial Magistrate, who took the moulds of the foot-print of the accused wearing Punjabi Jooti and the fleat vide Ex. P. 73 and Ex. P. 74 and, also, took the sample Finger-prints of the accused vide Ex. P. 75 to Ex. P. 78 and, also, conducted the identification parade of the gold ring and Kara. PW. 17 Om Prakash was the Police Constable, who accompanied PW. 12 Shafi Mohammed the tracker.