BRIJ LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arises out of the same occurrence alleged to have taken place in the were hours of 12. 11. 99 in the field known as Jod Wala Khet on the outskirt of Village Rohisa in which two persons Mohan Singh and Jeewan Singh died and persons from both the factions sustained fire arm injuries. In D. B. Cr. Appeal No. 896/2004 the appellants Brij Lal and Sahib Singh have been convicted of offence under Section 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5000/-; in default of payment to further undergo six months simple imprisonment and cognate offences by the judgment of the Special Judge SC/st (Prevention of Atrocities) Act Cases, Merta dated 28. 08. 2004 in F. I. R. Case No. 137/99, Police Station, Thanwala. In D. B. Cr. Appeal No. 185/2005 on the same date the same trial Judge acquitted the accused respondents of offence under Section 302/34 IPC and allied offences. The State has preferred the appeal against the judgment of acquittal.

(2.) BRIEFLY stated the prosecution case is that on 12. 11. 99 at about 2. 30 P. M. , PW. 4 Manvendra Singh submitted a written report Ex. P. 6 before the S. H. O. , Police Station, Thanwla at Government Hospital Rinya Badi stating inter alia that on the same day at about 12 Noon his deceased father Mohan Singh along with deceased Jeewan Singh, PW. 5 Gajpal Singh, PW. 22 Kishan Singh, PW. 1 Choth Nath and others went to see their field in a Jeep. The Jeep was being driven by his deceased father Mohan Singh. After about 30 Minutes it was reported by PW. 22 Kishan Singh and PW. 1 Choth Nath that appellants Brij Lal and Sahib Singh and absconding accused Ram Kunwar and two others obstructed their way and assaulted them. Ram Kunwar fired the gun on Mohan Singh. Sahib Singh fired on Jeewan Singh. As a result of gun shots both of them died on the spot. Brij Lal fired on Gajpal Singh causing fire arm injury. He along with 4-5 others rushed to the spot. The dead bodies of Mohan Singh and Jeewan Singh were sent to the Hospital, where they were declared dead. On this information police registered a case for offence under Sections 147, 148, 149, 323, 307, 302 and under Section 3/25 of the Arms Act. The police proceeded with investigation. The police inspected the site and prepared the site inspection memos Ex. P. 7 & Ex. P. 8. The appellants were arrested and the recoveries were made. After completion of the investigation, police laid charge-sheet against the appellants Brij Lal and his son Sahib Singh for offence under Sections 302, 307, 323, 324/34 IPC and Section 30 of the Indian Arms Act. An incomplete charge-sheet was submitted against the absconding accused Ram Kunwar under Section 299 read with Section 173 (8) Cr. P. C.

(3.) BEFORE we proceed to analyse the prosecution evidence and consider the rival contentions, it would be convenient to refer to the medical evidence, which is common in both the cases. PW. 29 Dr. Tikam Chand Badjatya stated that he was one of the member of the Medical Board, which conducted the autopsy on the dead body of Mohan Singh vide Ex. P. 53. The Medical Board noticed the following injuries on his person: (1) Fire arm wound Thorax - Wound of entrance - 2. 5'' x 2'' in size, oval in shape, deep upto the thoracic cavity, on the left chest wall about 3'' Infero medial to left nipple. Skin edges encircling the wound are charred and blackish in the form of 0. 3'' rim. Wound of Exit- Nil. Entrance wound in the muscular and bony wall of the thorax is more in dimensions having 4'' x 3'' dimensions underneath and in continuity with the skin aperture. These are fractures of the ribs in this injury. (2) Heart and pericardium is badly torn and lacerated. Right lung & pleura - A thorough & thorough wound in the lower lob about 1'' in dimension, circular. (3) Fractures - 5th left rib is dislocated at the costochondral junction. 6th left rib fractured in 3 small fragments underneath the wound. A greyish white plastic cork and a metalic deformed piece (planoconvex in shape 2. 5 cm x 1 cm) recovered from the thoracic cavity. In the opinion of the Medical Board the cause of death of deceased Mohan Singh was haemorrhagic shock as a result of injuries to heart and lungs.