GURMUKH SINGH S/O ISHWAR SINGH BY CASTE SIKH, R/O GANPATPURA POLICE STATION SADAR BUNDI, DISTRICT BUNDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant No.1 stands convicted to life imprisonment with fine under Sections 302/34 Penal Code and three months' rigorous imprisonment under Sec. 447 IPC. Appellant No.2 stands convicted to three months' rigorous imprisonment only under Sec. 447 Penal Code only as ordered on 10/06/1983 by the Sessions Judge, Bundi in Sessions Trial No.24 of 1981.

(2.) The deceased Ajit Singh is said to have been shot in the fields on 11/11/1980 at about 5.30 pm by absconding accused Lakhvendra Singh, son of Appellant No.1. FIR Exhibit P-1, is stated to have been lodged at 11:15 pm the same night by PW-1, Randhir Singh brother of the deceased naming the two Appellants along with Lakhvendra Singh and Tahal Singh alleging that the accused came to their fields. The latter two were carrying single barrel and double barrel guns respectively. Lakhvendra first stuck the gun to the chest of the witness. They all started to run. Appellant No.1 exhorted to kill. Lakhvendra fired at the deceased who fell down and died. The latter was attempting to load his gun again when others came and the assailants ran away after which the witnesses went straight to the police station. Six-seven days earlier there had been a dispute regarding passage between them and there also existed a dispute regarding purchase of lands of Manna Meena.

(3.) PW-1, Randhir Singh is stated to have been injured in the same occurrence and his MLR Exhibit P-20, conducted on 12/11/1980 was proved by PW-12, Dr. S.N. Bagri showing one simple injury of contusion. The same witness also proved the post-mortem of the deceased Exhibit P-18, conducted on 12/11/1980 itself.