BHOOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE death of Asu Khan, the central theme of long testimonies and of all tales, continues to be shrouded in mystery. THE sixteen appellants before us have been convicted and sentenced for offences under Sections 302, 302/149, 307/149 and 148 I. P. C. While Samay Singh has been convicted for offence under Section 302 I. P. C. simpliciter, and has been sentenced to Life Imprisonment, the rest of the appellants have been convicted and sentenced for offences under Sections 302/149 and sentenced likewise to Life imprisonment and have been imposed with a fine of Rs. 5,000/- each, and to further undergo a sentence of three years of simple imprisonment in default thereof. Along with Samay Singh, further they have been convicted and sentenced for offences under sections 307/149 and sentenced to five years of rigorous imprisonment. For offense under Section 148, the appellants, including Samay Singh, have been sentenced to rigorous imprisonment of one year and have been imposed with a fine of Rs. 500/- and to further undergo an imprisonment for six months, in default thereof. THE appellants have filed two appeals. Since both the appeals are challenging the same impugned judgment, the appeals are being decided by this common judgment. However, as the appellants Narangi and Attu Khan have expired, during the pendency of the appeals, the appeals have abated qua them.

(2.) THE brief facts of the case are that on 2. 6. 1992, one Dalsher Khan (P. W. 1) submitted a written report (Ex. P. 1) to the S. H. O. Police Station M. I. A. Alwar, at the General Hospital, Alwar, wherein it was stated as under: He is a resident of Village Sahdoli Mandaru Ka Bas. Because of political reasons, there is some animosity with the complainant. On 31. 5. 1992, the complainant had gone to deliver an invitation to the Village Mandu Ka Bas to Naseeb Khan's place. It was the marriage of Naseeb Khan's son, therefore, he had gone to invite Naseeb Khan's at his place and was returning to his own village. On the way back, using a tractor and trolley, the accused persons, along with twenty or twenty-five persons had blocked the road. One Munshi Khan was with the complainant when this incident took place. Munsi Khan was on complainant's scooter. When he went slightly ahead of the tractor, these persons surrounded him. Samay Singh and Sahab Khan cursed him and also assaulted him. THEy asked him as to how dare he came to their village. THEy also threatened him that after the marriage, they will come to his village to teach him a lesson. He came back to his village on the scooter. He claimed that he had informed the police on 1. 6. 1992 about this incident. But, he did not inform about this incident on 31. 5. 1992, as it was already night and he was afraid of the dark. On 2. 6. 1992, they received information that one of their relative had expired; therefore, in order to attend his funeral, the family members and others had collected at his house. Around 10. 00 or 10. 30 AM, three tractors, full of about fifty to sixty persons, who were armed with guns, lathies (bamboo sticks) and pharsis (axes) came from the side of Mandu Ka Bas. Samay Singh, Sahab Khan son of Safeda, Narangi, Hanif, Majid, Hamid, Parmal, Mahipal, Kallu, Aseen, Fathi Khan, Bhoop Singh, Sulli, Imran, Subban, Attu and others were there. THE moment these persons jumped out of the tractors, Samay Singh and Sahab Singh told the intruders to settle the past scores. Samay Singh filed from his gun, which hit Asu on his chest and abdomen. Asu fell down. Samay Singh fired the second shot, which hit Asu on his right hand. Samay Singh told his companions that everyone should be gunned down. Consequently, Sahab Singh fired from his gun, which hit Hurmat on his chest, abdomen, neck and on the nose. Pellets hit Hurmat. Hamid S/o Bhoop Singh fired from his gun, the shot hit Leela S/o Subani, on his eyes, left hand and left thigh. Narangi fired from his gun, which hit Paltu S/o Chandar on his left arm. Hanif fired from his gun that hit Budh Singh on his left hand, left thigh, chest and nose. Majid, also fired his gun which hit Budh Singh on his right foot and on both the hands. Parmal also fired from his gun that hit Sarsu on his foot, and Isa Khan and Umar Khan on their hands. Kallu S/o Attu also fired from his gun, which hit him (Dalsher) on his left hand and abdomen. THEse accused persons were also armed with lathis and pharsis, but they could not be used as the two groups did not rush into each other and there was no scuffle. Bhoop Singh hit Chottal Ruh with a stone, which hit him on the chin. Aseen Khan and Fatti also had guns with them, but they shot in the air. Dalla, Manohar, Munshi have witnessed this incident. Samay Singh, Sahab Khan, Narangi, Hamid, Parmal had 12 bore guns with them; the others had kattas (country made pistol) with them. THEre were empty cartridges lying at the spot, which he has brought with him and is giving to the police. After about half an hour, the three tractors left towards Bandu Ka Bas. THEy collected the injured and brought them to the Police Station. THEre the Additional Superintendent of Police told them to take the injured to the hospital. THE injured have been hospitalized. Asu, Leela @ Zahru, are in serious condition. We don't know whether they would survive or not. THE police should take action.

(3.) THIRDLY, the eye-witnesses have described the firing by the assailants in great detail. It is rather surprising that in a melee, where guns are allegedly fired at random, the details of whose shot hit whom has been given with minute precision. The witnesses are custom tailoring their testimony to the prosecution case. Hence, the witnesses are untrustworthy.