SULTAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE brief facts giving rise to this appeal are that a First Information Report was lodged with Police Station Ramganj, Jaipur at the instance of one Ramji Lal S/o. Narayan, who was then posted as Sub Inspector of Police Station Ramganj, Jaipur at 2. 15 P. M. on 16th November, 1999. In the report, it was stated that an information was received about a quarrel between a group of persons in the area of police station Ramganj. On receiving this message, Shri Hulasa Ram, SHO sent complainant Ramjilal and Constable Sedu Ram to the site of the disturbance. It was stated that the SHO Hulasa Ram along with Head Constable Sultan Singh, Ramesh was & Ishwar Singh also followed them on foot. While the SHO Hulasa Ram was making efforts to pacify people, all of a sudden Head Constable Sultan Singh kicked a beggar sitting on the foot-path and overturned `thelas' of some hawkers and scattered their goods and misbehaved with the persons who were passing by. SHO Hulasa Ram repremanded Sultan Singh for this but he became angry. Hulasa Ram again tried to pacify him stating that Ramganj was highly sensitive area and that he should not misbehave with public in such a manner. All of them came back to the police station. SHO asked Sultan Singh and Rameshwar to deposit their self loaded rifles (for short, SLR) in the malkhana. Hearing this, Head Constable Sultan Singh was infuriated and refused to deposit the SLR and went towards the mess situated in back side of Police Station. Suspecting any untoward incident, SHO along with Sepoy Rameshwar and Chhitar followed Sultan Singh and complainant Ramji Lal also followed them. At that time Sita Ram who was taking meals also came out in Varandha. SHO Hulasa Ram was trying to pacify Sultan Singh by addressing him as his son. Suddenly, Sultan Singh turned back and pointed SLR at SHO Hulasa Ram and shouted by saying as to how he (SHO) asked him to deposit the weapon. Sultan Singh also abused SHO and opened fire towards him. First bullet fired by Sultan Singh hit on right hand of SHO Hulasa Ram. Head Constable Sita Ram pulled the SHO towards Varandah. Sultan Singh at that stage fired another shot at SHO with the intention of killing him which, hit him on his back. SHO could hardly move two steps while pressing his chest with hands and fell down behind the room of the head-moharrir. Accused Sultan Singh continued to fire from behind the tin-shed by saying that if anyone tried to catch him, he would shoot him. One such fire also hit a neighbouring house. It was also stated that informant along with Constable Gajraj Singh, Bachhu Singh, Ram Roop and Ram Kumar Singh immediately took the injured Hulasa Ram in a vehicle driven by Constable Mahesh to SMS Hospital, Jaipur where he breathed his last.

(3.) WE have heard the argument advanced by Shri Biri Singh Sinsinwar, learned counsel appearing for the accused appellant and Shri R. P. Kuldeep and Shri a. K. Sharma, learned Public Prosecutors and perused record.