GURMEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These are two appeals arising out of the same judgment: appeal No. 783/75 has been filed from the jail while appeal No. 404, 75 is a representative appeal.

(2.) Appellants Karnail Singh, Gurmej Singh and Lakhveer Singh are related to each other. Gurmej Singh and Lakhveer Singh are nephews of appellant Karnailsingh. Bachan Singh deceased was the father -in -law of accused Karnail Singh. All these 3 appellants were involved in the murder of Bachan Singh, who died of a gun shot injury. The case of the prosecution is that on 6th November, 1973 Bhim Singh PW 17 who was stationed as S.H.O. police station, Sangaria, received an information from one Daleep Singh F.C. that while he was on a patrolling duty, he found a dead body of some -body lying on the road side. Bhim Singh immediately went to the spot and on search he found certain papers in the pocket of the deceased. One of these -papers was a receipt for the purchase of petrol. Wife of the deceased Mst. Gurdayal Kaur revealed that Karnail Singh accused came to her house and her husband Bachan Singh with an amount of Rs. 8,000/ - went with Karnail Singh for the purchase of a jeep for Karnail Singh. They went to Ganganagar where it is said that a jeep was purchased in the name of Karnail Singh's son. From the investigation it was found out that after having purchased the jeep Karnail Singh, Bachan Singh in the company of Gurmej Singh and Lakhveer Singh started from Ganganagar for some place. Bachan Singh did not reach his home and was found lying dead on the road side.

(3.) There is no eye -witness in this case. The entire case hinges on circumstantial evidence. The circumstances relied upon by the trial court to fasten the guilt on the accused appellants are as follows: