HARBHAJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Additional Sessions Judge, Sri Ganganagar dated August 27, 1981, by convicting and sentencing the appellant Harbhajan Singh as under: _________________________________________________________________________________S. No. Offence under section Sentence awarded_________________________________________________________________________________(1) 302, IPC imprisonment for life(2) 25(1)(c), Arms Act Rigorious imprisonmentfor four months;(3) 27, Arms Act Four months' rigorousimprisonment.__________________________________________________________________________________ The sentences were directed to run concurrently.

(2.) BRIEFLY stated, the prosecution case is that the deceased Jagjit Singh aged about 20 years, was the son of PW 1 Atma Singh and PW 2 Smt. Mahindra Kaur. He was living with them in Chak -2, P.S. Karanpur District Sri Ganganagar. The appellant Harbhajan Singh, aged about 22/23 years, is also a resident of the same Chak. Heera Ram Nayak, who is father of the coaccused Peeruram (acquitted by the Court below) was share -cropper of the appellant. The appellant developed illicit connections with the wife of the share -cropper Peeruram. The deceased Jagjitsingh had seen the appellant and the wife of Peeruram in compromising position in his field. This displeased the appellant. It is suggested that this annoyance prompted the appellant to take away the life of Jagjit Singh. On November 19, 1980 the deceased Jagjit Singh, his mother Smt. Mo indra Kaur (PW 2) and his uncle Srawansingh PW 3 were working in their Murabba. The deceased and his mother Smt. Mohindrakaur PW 2 plucked the cotton bolls. Jagjitsingh thereafter put the green grass and prepared a bundle of it. He then took the bundle on his head and started to go to his house. When he was in Kila No. 9 of his Chak, the appellant and Peeruram appeared there. The appellant was holding a pistol in his hand. He gave a Lalkara to Jagjitsingh that he would not leave him alive Saying so, he fired a shot at Jagjitsingh which hit him in his chest. Jagjitsingh staggered three or four stops and fell down in the Khala (water channel). Smt. Mohindra Kaur PW 2 raised the cries and asked the accused as to why they killed Jagjitsingh. The appellant and Peeruram thereafter ran away towards their Dhani. Srawan Singh PW 3, who was working in the same Murabba, came running. Finding Jagjitsingh lying dead, Srawansingh PW 3 went to Karanpur where the victim's father Atmasingh had gone to the Patwari. Smt. Mohindra Kaur PW 2 went to the village. Srawansingh reached the house of the Patwari, where he found PWI Atmasingh. He narrated the incident to Atmasingh. Both of them went together to police station, Karanpur, where Atmasingh PW 1 verbally lodged report Ex. P 1 of the occurrence at about 1.00. p.m. The police registered a case and proceeded with investigation. The Deputy Superintendent of Police Mr. Babulal PW 11 arrived on the scene of the occurrence at about 7.00 am on November 20, 1980. He inspected the site and prepared the inquest of the victim's dead body. He seized the blood -stained soil lying scattered around the dead body and also from Kila No. 2 where Jagjitsingh was fired at. The post -mortem examination of the victim's dead body was conducted at about 1.00 p.m. by PW 7 Dr. M.P. Agrawal the then Medical Officer Incharge Primary Health Centre, Karanpur. The doctor noticed the following ante -mortem injuries over the victim's dead body: External

(3.) IT may be stated before proceeding further that Mr. Purohit has not challenged the cause of death of Jagjitsingh as opined by Dr. M.P. Agrawal (PW 7). The doctor stated that Jagjitsingh had died on account of the gunshot injuries. Injury No. 1, being the entry wound and injury No. 2 being the exit wound. We have gone through the testimony of Dr. Agrawal and find no reasons to distrust his opinion. The death of Jagjitsingh was, thus, not natural. It was homicidal, caused by gun -shot.