SANTA SINGH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two appeals one by accused Santa Singh and the other by the State are directed against one and the same judgment of the learned Additional Sessions Judge, Raisingnagar dated November 29, 1980, they were heard together and are disposed of by a common judgment. By the judgment aforesaid, the Sessions Judge convicted accused Santasingh under Section 302 and 307 IPC and sentenced him to imprisonment for life with a fine of Rs. 200/ - on the first count and four years rigorous imprisonment with a fine of Rs. 100/ - under the second count, and acquitted the accused Kanwarsingh Gamdoorsingh of the offence under Sections 302, 302/34, 307 & 307/34, IPC. Accused Santasingh challenges his conviction while the State challenges the acquittal of Kanwarasingh and Gamdoorsingh.

(2.) THE incident is alleged to have taken place on Sun -sink on April 10, 1979 in Chak 14 -ML Police Station, Muklawa, district Sri Ganganagar, in which Jagdishsingh and Hardeosingh, still in their teens, were gunned down and their father Nayabsingh was severally injured.

(3.) ACCORDING to the doctor, the cause of death was fire -arm injury causing rupture of right ventricle and right auricle of heart leading to severe haemorrhage and shock. The post -mortem report prepared by him is Ex. P 5. The doctor noticed the following ante -mortem injuries on the dead body of Jagdish Singh: