PYARA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH these matters namely, D. B. Criminal Appeal No. 310 of 1974 Pyara Singh vs. State filed by accused Pyara Singh and D. B. Criminal Revision No. 362 of 1974 filed by the complainant arise out of the judgment of the learned Sessions Judge, Sri Ganganagar dated 23rd April, 1974. Appellant Pyara Singh has been convicted for an offence under sec. 302 IPC and sentenced to imprisonment for life. The complainant's revision has been Bled with a prayer that in the circumstances of this case the sentence of imprisonment for life awarded to Pyara Singh is not an adequate sentence and, therefore, it should be enhanced to the penalty of death. Notice of this revision was served on the appellant. We propose to dispose of these two matters by a common judgment.

(2.) PISHORA Singh and Pyara Singh belonged to one family and it is not disputed that these two families were not on good terms. They were residents of village 18 P. S. in the district of Sri Ganganagar. On April 20, 1973 PISHORA Singh along with his uncle Dhyan Singh came to Raisinghnagar Mandi to dispose of his produce of barley. The produce was taken to the shop of Baldevraj who was PISHORA Singh's commission agent. It is said that PISHORA Singh had unloaded his trolly in front of the shop of Baldevraj and thereafter PISHORA Singh and Dhyan Singh sat down in the shop of Baldevraj. Jarnail Singh who was also the resident of 18 P. S. , joined PISHORA Singh and Dhyan Singh at the shop of Baldevraj. Gurmukh Singh who was also known to PISHORA Singh came to the shop of Baldevraj and started talking with each other. The prosecution case is that PISHORA Singh slept on a wooden Takhat which was lying in the Varandah of the shop. At about 12 O'clock Pyara Singh's elder brother Sucha Singh came to the shop of Baldevraj and he after having seen PISHORA Singh sleeping on the Takhat went away from the shop. Soon thereafter Pyara Singh came with a. 12 bore gun in his hand and entered the shop. PISHORA Singh was sleeping on the Takhat with his back to the persons entering the shop. Pyara Singh opened a fire with his gun which hit PISHORA Singh on his back. Pyara Singh immediately ran away from the shop. Dhyan Singh rushed to the police station which was hardly a furlong away from the shop and lodged the first information report Ex. P. 9. The incident is alleged to have taken place at 12. 15 p. m. The first information report was lodged at 12. 30 p. m. The report was taken down by Hari Singh under the instructions of the SHO, P. W. 9 Inder Singh. After taking down the report Inder Singh immediately rushed to the place of occurrence. While the first information report was being written, Inder Singh sent a man to call a doctor. At about 12. 50 p. m. the police party re ached the shop of Baldevraj and simultaneously it is said that Dr. A. R. Das also reached that place. The doctor was about to administer some injection to PISHORA Singh but before he could do so, PISHORA Singh breathed his last. PISHORA Singh's body was then taken to the hospital and the post mortem examination was performed on the dead body of the deceased by Dr. Das, who found the following external and internal injuries on the body of PISHORA Singh : - 1. Lacerated wound (wound of entrance) 1-3/8" x 1" x 2-1/4" oval in shape on the back side of the body-2" below the level of left Iliac crest and 3/4" left to mid line. The wound is directed forward and slightly upwards. The margins of the wound are bruised eccnymosed and inverted. 2. Lacerated wound (wound of exit) 3/8* x 1/4" abdominal wall (whole) 1-1/2" left and \" below the umbilicus.

(3.) BEFORE examining the question of law raised by the parties we would like to see whether the statement of the eye-witnesses can be relied upon by us or not.