SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated January 7, 1985 the learned Sessions Judge, Sri Ganganagar convicted accused Shersingh Gurjantsingh, Darshan Singh and Mahendra Singh under section 302/34, I. P. C. and sentenced each of them to imprisonment for life and a fine of Rs. 200/, in default of the payment of fine to further undergo six months' rigorous imprisonment. BY the same judgment, accused Shersingh was further convicted under section 302, I. P. C. and under section 27 of the Arms Act and was sentenced to imprisonment for life with a fine of Rs. 200/- and one year's rigorous imprisonment respectively on these two counts.

(2.) THE incident is alleged to have taken place at about 9. 00 p. m. on September 20, 1983 in village Sunderpura P. S. Sadulsahar district Sri Ganganagar, in which two persons Gendasingh (aged about 65 years) and his son Kashmirsingh (aged about 35 years) were put to death by the accused with gun and the Gandasies. Kashmirsingh was the Sarpanch of the Gram Panchayat.

(3.) THE doctor found the following injuries on the bead body of Kashmir-Singh.- 1. Firearm wounds THEre were found wounds of entrance each of 1/2" in diameter lying near to each other circular, lacerated with inverted edges present in left scapular region posteriorly each running upwards forward, medially damaging left lung with pleura pericardium and heart, underlying bones, ribs were fractured. Thoracic cavity full of clotted and semi-clotted blood. Heart and left lung pleura, pericardium were badly damaged, and a pallet recovered from thoracic cavity during post-mortem. THEre was no blackening and tattooing over the entry wounds. 2. Firearm wound (exit)THEre was lacerated wound 10x6 c. m. with irregular everted margins which were ragged to its edges involving injury on clavicular mammary region on left side of chest conteriorly underlying bones were fractured, pleura on left side Jungs, pericardium heart were lacerated severely, underlying bones were fractured left sided thoracic vessels muscles were also damaged. Thoracic cavity was full of blood, which was clotted and semi - clotted. 3. Incised wound 14 c. m. x 2 cm deep to muscles present on auricular region involving part of pinna, temporal region, part of frontal region on left side. 4. Incised wound 10 c. m. x 1/2 c. m. deep to subcutaneous tissue present over interscapular region posteriorly. Internal 1. Ribs No. 2 to 7 and left scapular bones were found fractured. THE doctor also found a pallet lodged in the thoracic cavity. He took it out and sealed it. THE injuries found on the dead body of Kashmirsingh were ante mortem. Injuries No. 1 and 2 were caused by some firearm while injuries No. 3 and 4 were caused by some sharp - edged weapon. Injury No. 1 was stated to be the entry wound while injury No. 2 was stated to be the exit wound caused by the gun-shot. THE doctor was of the opinion that the cause of death of Kashmirsingh was haemorrhage and shock as a result of severe injury (fire-arm) to heart and lung. THE post-mortem examination report prepared by him is EX. P2. THE blood stained clothes of the deceased-victims, including the shirt (Article 4) of Kashmirsingh, were seized and sealed. THE accused persons were arrested on September 24, 1983. In consequence of the information furnished by accused Shersingh one 12 bore D. B. B. L. gun (Article 10)' an empty cartridge case and the gun - licence were recovered. In consequence of the information furnished by accused Gurjantsingh, Mahendrasingh and Darshansingh. Gandasies (Article 1,2 and 3) and their wearing clothes were recovered. THE recovered articles were sent to the State Forensic Science Laboratory, Jaipur for examination. THE reports received from there are EX. P. 31 and EX. P. 32. On the completion of investigation the police presented a challan against the appellants in the court of Munsif cum Judicial Magistrate, Shri Ganganagar, who, in his turn, committed the case for trial to the Court of Sessions. THE learned Sessions Judge framed charges under section 302/34, I. P. C. against all of them. Charges under section 302 I. P. C. and section 27 of the Arms Act were also framed against accused Shersingh. THE accused pleaded not guilty and claimed to be tried. THEy denounced the whole prosecution story as a false and fabricated piece of concoction and claimed absolute innocence. In support of its case the prosecution examined ten witnesses and filed some documents. C. W. 1 Mr. P. S. Manocha the Assistant Director (Ballistic) State Forensic Laboratory, Jaipur was examined as a court witness. No evidence adduced in defence. On the conclusion of the trial, the learned Sessions Judge, found the charges duly proved against the accused persons. THEy were consequently convicted and sentenced, as mentioned at the very out-set. Aggrieved, the accused have come - up in appeal to challenge their conviction.