STATE OF RAJASTHAN Vs. GURANDITTA SINGH

JUDGEMENT

(1.) This Criminal Appeal has been filed by the State of Rajasthan against the respondents Guranditta Singh, Chanan Singh @ Chena and Ram Singh in which the State of Rajasthan has challenged the judgment dated 4.4.1991 passed by the learned Addl. District Judge No. 1, Sri Ganganagar in Sessions Case No. 38/1989 whereby the respondents were acquitted from the charges levelled against them for the offences under Sections 302, 302/34, 307/34 I.P.C. and under Sec. 27 of the Arms Act.

(2.) As per the facts of the case on 13.4.1989 at about 5.15 A.M. the complainant Pyara Singh lodged an F.I.R. No. 50 at Police Station Padampur, District Sri Ganganagar stating orally therein that he and his nephew jointly are owing agricultural field at Square No. 45, Rohi 39 RB. As per the complainant, his turn to irrigate the agricultural field commenced from 6.38 A.M. to 1.45 A.M. in the night. The owner of agricultural land of Killa No. 0.5, Square No. 44 is Ram Singh Patwari having enmity with him for the dispute of taking water because his turn follows from 1.45 A.M. According to F.I.R. at about 1.00 A.M. in the night of 13.4.1989 he along with his son Sarbjeet Singh and servant Siri, Rajinder and Sohan Singh were going in the water course to take care of water, at that time, Ram Singh and Guranditta Singh sons of Boor Singh and their brother-in-law (Behnoi) Chana @ Chanan Singh and one another person were sitting in Killa No. 5 of Square No. 44. When Ram Singh saw them, he raised voice and made fire from gun towards us and due to fire, the injuries was caused to Rajinder Singh on his right side and he fell down. According to the complainant he and his companion run away from the place of occurrence, but accused persons fired 8-10 shots towards them, at that time, neighbor Banta Singh came and he also received one bullet injury and Rajinder Singh got up to run away and he fell down in Killa No. 1 of Sq. No. 45, who has been taken at home by them but after sometime, when they are going to the hospital in the way he died. It is stated by the complainant that the body of Rajinder Singh is lying in the hospital.

(3.) Upon aforesaid information, F.I.R. No. 50 was registered at Police Station Padampur, District Sri Ganganagar and Investigating Officer commenced investigation and after usual investigation filed charge-sheet against the respondents in the Court of Munsif and Judicial Magistrate, Padampur under Sections 302, 302/34, 307/34 I.P.C. and under Sec. 27 of the Arms Act.