KHAJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and sentence dated 26.11.2002 passed by learned Additional Sessions Judge (Fast Track), Anoopgarh, Distict Sri Ganganagar in Sessions case No.131/2001 whereby the learned Judge has convicted and sentenced each of the appellants as under :- BHAJAN SINGH 302 I.P.C. Imprisonment for life and a fine of Rs.1000/-,in default payment of fine to further undergo three months' rigorous imprisonment. 148 I.P.C. Two years' rigorous imprisonment and a fine of Rs.100/-, in default payment of fine to further undergo one months' additional imprisonment. 447/149 I.P.C. Three months' rigorous imprisonment. 25(1B) (a) of Arms Act : One years' rigorous imprisonment and a fine of Rs.100/-, in default payment of fine to further undergo one months' additional rigorous imprisonment. 27 of Arms Act : Three years' rigorous imprisonment and a fine of Rs.500/-, in default of payment of fine, to further undergo two months' rigorous imprisonment. KHAJAN SINGH : 302/149 I.P.C. Imprisonment for life and a fine of Rs.1000/-,in default payment of fine to further undergo three months' additional rigorous imprisonment. 148 I.P.C. Two years' rigorous imprisonment and a fine of Rs.100/-, in default payment of fine to further undergo one months' additional imprisonment. 447/149 I.P.C. Three months' rigorous imprisonment. BANTA SINGH : PREM SINGH : GURMUKH SINGH @ GURTHI : 302/149 I.P.C. Imprisonment for life and a fine of Rs.1000/-,in default payment of fine to further undergo three months' additional rigorous imprisonment. 147 I.P.C. One year's rigorous imprisonment and a fine of Rs.100/-, in default payment of fine to further undergo one month's additional rigorous imprisonment. 447/149 I.P.C. Three months' rigorous imprisonment.

(2.) The prosecution case, as disclosed during trial, is that on 7.5.2000 on the statement of Malkhan Singh (Exhibit-D/26) recorded by police an FIR (Exhibit-P/27) under Sections 307, 447, 324, 323, 147, 148, 149 I.P.C. and Section 27 of the Arms Act was registered at P.S. Srivijay Nagar, District Sri Ganganagar against six accused persons, namely, Khajan Singh, Bhajan Singh, Gurmukh Singh @ Gurthi, Prem Singh, Banta Singh, Phaglu Singh and one more person alleging inter alia that Makhan Singh is having an agricultural land measuring 15 bighas and 4 biswas at Chak No.1MSD, Murabba No.135/343, which he purchased from one Gulam Kadar about two years back and since then he is in possession of the same, previously the land in question was in the possession of Bhajan Singh, Khajjan Singh etc. The accused persons forcibly wanted to dis-possess complainant-Makhan Singh (deceased) from the land in question. On 7.5.2000 at about 1:00 p.m., Makhan Singh, his sons Sikander Singh, Pakhar Singh, his brother-in-law Dilbagh Singh and friend-Sukha Singh were present in the 'Dhani' located at Killa No.11 in the said field, at that point of time, Bhajan Singh, Khajan Singh, Banta Singh, Prem Singh, Gurmukh Singh @ Gurthi sons of Banta Singh and two other persons formed an unlawful assembly and forcibly entered in the field of Makhan Singh and exhorted to go away from the field.

(3.) Bhajan Singh was having a 12-bore single barrel gun and the rest of accused persons were having lathies and gandasies in their hands. On this, Makhan Singh and others ran towards the field of Hardayal Singh. Bhajan Singh with an intention to kill, made two gun-shots from the gun which he was having, one of the gun-shot hit Makhan Singh's right side of abdoman. Accused-Khajan Singh gave a 'gandashi' blow on the face of Makhan Singh, due to which Makhan Singh fell down, upon which the remaining accused persons gave beating to Makhan Singh on the back side of chest, lower-back and hands by lathies, on which, Makhan Singh shouted 'mara'... 'mara'... and on hearing the commotion, his sons, brother-in-law and Sukhha came for his rescue, upon which the accused persons took to their heels. The injured-Makhan Singh was taken to Government Hospital, Srivijay Nagar and the police was called, where in presence of Dr. Devi Lal Bhakar (PW-12) dying declaration (Exhibit-P/26) of Makhan Singh was recorded and on that basis an FIR No.121/2000 (Exhibit-P/27) was chalked out under the above mentioned Sections. On the advise of doctor injured-Makhan Singh was referred to Bikaner Hospital but while Makhan Singh was being shifted, on way near Chhatargarh, he succumbed to the injuries sustained by him, upon which, he was brought back to Srivijay Nagar Hospital, where post-mortem of his dead-body was conducted on the next day. The offence of Section 302 I.P.C. was added.