AJAYAB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants are eight in number and the appeal is directed against the judgment of the learned Additional Sessions Judge, Sri Ganganagar dated Jan. 24, 1980. By the judgment aforesaid, five of them, viz. accused Hajarasingh, Biharsing, Balasingh, Kartarsingh and Ragusingh were convicted under S. 148, 302, 302/149, 307, 307/149, I.P.C. while the remaining three viz., Mangisingh alias Mangalsingh, Kuldeepsingh alias Devisingh and Ajayab Singh were convicted under Ss. 148, 302/149 and 307/149, I.P.C. and each was sentenced to varying terms of imprisonment, the highest being of the imprisonment for life under S. 302 or 302/149, I.P.C.

(2.) The incident is alleged to have taken place at about 8.30 p.m. on Dec. 5, 1978 in a street at Mandi Padampur (district Sri Ganganagar), in which two persons were hacked to death and the third was severely injured. The appellants are residents of Mandi Padampur and are inter se closely related. Accused Bikarsingh, Bagusingh and Azayabsingh are the sons of accused Hajarasingh. Accused Kartarsingh is the son-in-law of accused Hajarasingh while accused Kuldeepsingh alias Devisingh is the son of Kartar Singh. Accused Mangalsingh alias Mangisingh is the son of accused Azayabsingh. The two deceased-victims Bacchan Singh and Mahendrasingh were also residents of Mandi Padampur. The house of the deceased Bacchansingh is situate a few feet away from the house of accused Hajarasingh in the same street. Four/five days before the incident, accused Dalasingh and Bikarsingh and the deceased Bacchansingh had met in some feast and fallen out. The suggestion is that the accused persons thereafter got displeased with the deceased Bacchansingh.

(3.) The deceased Mahendrasingh owned a truck R. S. K. 9567. He had employed the deceased Bacchansingh as the driver of the truck and PW 1 Sarjeetsingh as the Cleaner on it. They had taken the truck to Anoopgarh on that day and returned in the evening at about 8.30p.m. They came in the truck to the house of Bacchansingh and stopped it outside his house. Deceased Mahendrasingh was driving the truck. When the truck was stopped outside the house of Bacchansingh, he got down. At that very moment, accused Bikarsingh, Hajarasingh and Dalasingh came there with Gandasies in their hands. The other appellants, who were armed with lathies and Barchies, also, came closely behind them. Accused Dalasingh, Bikarsingh and Hajarasingh started inflicting blows to Bacchansingh with their Gandasies. Numerous blows were struck to him by them. Bacchansingh fell down. Mahendrasingh got down from the track and implored the accused persons not to beat Bacchan Singh. Thereupon accused Dalasingh, Bikarsingh and Hajara Singh opened an onslaught on Mahendrasingh and struck blows to him with their Gandasies. Mahendrasingh also fell down. Bacchansingh and Mahendrasingh were struck blows even thereafter. PW 1 Sarjeetsingh asked the accused persons not to beat Bacchansingh and Mahendrasingh. He too was not spared and landed with blows by accused Bikarsingh and Hajara Singh. Hearing the noise of violence, PW 2 Gurdeo Kaur wife of Bacchansingh and his daughter Mst. Bindar Kaur (PW 3) came out of the house and requested the accused persons not to kill Mahendrasingh and Bacchansingh. They were threatened of dire consequences and were thus kept away. It is alleged that Bacchansingh and Mahendrasingh passed away instantaneously on the spot and their dead bodies were taken by the accused persons to their house. There was profuse bleeding from the wounds of Mahendrasingh and Bacchansingh. PW 1 Sarjeetsingh managed to escape and ran towards the cinema house. In the way, he met Harbhajansingh and Kantasingh who took him to a private dispensary. The doctor of the private dispensary took him to the Government Hospital, where he was admitted for treatment. PW 4 Dr. B. N. Chaudhary, who was on duty, addressed letter Ex. P 3 to the Police stating therein that Sarjeetsingh was admitted in the hospital. The Station House Officer Sujansingh (PW 9) immediately went to the hospital and recorded the statement Ex. P 1 of Sarjeetsingh at about 9.30 p.m. In Ex. P 1, Sarjeetsingh (PW 1) narrated in details how the incident had taken place. Ex. P 1 was treated as the first information report and the case was registered thereon. The S. H. O. arrived on the spot in that very night. He found truck R. S. K. 9567 standing outside the house of Bacchansingh in starting condition. He further found the dead bodies of Mahendrasingh and Bacchansingh in the Bethak of accused Bikarsingh. The Station House Officer posted police Constables at the place of incident and the Bethak of accused Bikarsingh. Since it was night, nothing else could be done by the Station House Officer. In the next morning, the S. H. O. and the Deputy Superintendent of Police Mr. Surja Ram (PW 10) arrived on the spot and inspected the site. The investigation was taken up by the Deputy Superintendent of Police Mr. Surja Ram. He prepared the inquest reports of the victims' dead bodies. The autopsy on the victims' dead bodies was conducted by Dr. Chaudhary at about 1.30 p.m. He found the following injuries on the victims' dead bodies : - On the dead body of Bacchansingh : - External-