JANGIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Additional Sessions Judge, Hanumangarh dt. May 15, 1976, by which the six appellants Jangirsingh, Jaswantsingh, Thansingh, Sadulsingh, Balbirsingh and Jagroopsingh were convicted under Sections 302, 302/149, 364, 364/149, 148 and 323 of the Penal Code and Section 27 of the Arms Act and sentenced to various terms of imprisonment, the highest being that of imprisonment for life under Section 302 or 302/149, IPC.

(2.) BRIEFLY stated, the prosecution case is that the deceased -victim Banta -singh, aged about 25 years, was the brother of PW 2 Karnelkaur and husband of PW 3 Milkiyat Kaur. They were living in village Singhpura P.S. Lakuwali district Sri Ganganagar. The appellants are also residents of the same village there arose a dispute between the deceased and the appellants over a way right in some lane. This resulted in inimical relations between them and the deceased.

(3.) THE doctor also noticed scorching and tatoooing on the entry wounds caused by the gun shots. He further found that the wounds of entry and exist were forming a track. All the injuries were ante -mortem. The doctor was of the opinion that Rantasingh had died of actue shock due to multiple fractures of bones and multiple injuries on the body and bleeding from the wounds. The injuries were stated to be sufficient in the ordinary course of nature to cause death. The post -mortem report prepared by the doctor is Ex. P. 24. The accused persons were arrested. In consequence of the information furnished by the accused -appellant Jagroop Singh, a lathi was recovered. In consequence of the information furnished by accused Balbirsingh, one pistol was recovered. Accused Thakursingh, Bhagwan Singh and Jangir Singh produced gun, rifle and pistol along with some live cartridges. The fire arms were sent for examination to the State Forensic Science Laboratory, Jaipur. On examination, two of the fire arms were found in working order while the third was found out of working order. On the completion of investigation, the police presented a challan againsi the six appellants and their companions Chandsingh, Thakur Singh and Bhagwan Singh in the Court of Munsif and Judicial Magistrate, Suratgarh, who, in his turn, committed the case for trial to the Court of Sessions Judge, Sri Ganganagar. The case was transferred for trial to the Addl. Sessions Judge, Hanumangarh. The Addl. Sessions Judge framed charges Under Section 302, 364, 342, 201 and 148, IPC and Section 27 of the Arms Act against them, to which they pleaded not guilty and claimed to be tried. The accused denied that they had abducted Bantasingh from the cane crusher or took him in a Kotha and fired shots at him. According to them, the innocent persons have been falsely implicated. In support of its case, the prosecution examined 12 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Additional Sessions Jndge found no incriminating material against accused Chand Singh, Thakur Singh and Bhagwan Singh. They were consequently acquitted. The Sessions Judge found the charges duly established against the six appellants. They were consequently convicted and sentenced. Aggrieved against their conviction, the appellants have come -up in appeal.