RESHAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Resham Singh stands convicted by the learned Addl. Sessions Judge, Sri Ganganagar camp Sri Karanpur vide his judgment dated 11.9.91 under section 302, 307 Penal Code and section 27 of the Arms Act and sentenced to undergo imprisonment for life and pay a fine of Rs. 1000.00 for the offence under Sec. 302 IPC, 3 years rigorous imprisonment and a fine of Rs. 500.00 for the offence under Sec. 307 Penal Code and 6 months rigorous imprisonment and.a fine of Rs. 100.00 under Sec. 27 Arms Act.

(2.) The prosecution case, as disclosed in the FIR Ex.P 9 lodged on 24.10.87 at 10 p.m. i.e. just after the occurrence, is that at about 8.30 p.m. accused Resham Singh went to the Dhani of Harbhajan Singh having his body covered by blanket and he called Jasvendra Singh and when Jasvendra Singh went out of the house at that time Harbhajan Singh and Gurdayal Singh also reached there. It was further stated that accused started abusing Harbhajan Singh and his family members and also the persons who had gone there from Punjab and when Harbhajan Singh prayed that he should not behave in such a manner, the accused took out a gun and fired at Harbhajan Singh. He again fired and as a result of the injuries Harbhajan Singh fell down. His mother and wife rushed and fell on Harbhajan Singh. In the meantime, accused once again fired and this caused injuries to the mother of Harbhajan Singh. It was further stated in the FIR that Harbhajan Singh died on the spot and accused threw him in the cotton crop. This report was lodged by Lakhbir Singh who is the son of deceased Harbhajan Singh and nephew of accused. On this report, police registered the case No. 141/87. During investigation, the police inspected the site, interrogated the witnesses and arrested the accused and on his information recovered a gun. After completion of the investigation, challan was submitted. Charges under Sections 302, 307 Penal Code and 27 of Indian Arms Act were framed against the accused who pleaded not guilty. The prosecution examined PW 1 Raghuveer Singh, PW 2 Neki Ram, PW 3 Dr. Iqbal Singh, PW 4 Lakhbir Singh, PW 5 Pritam Kaur, PW 6 Gurmeet Kaur, PW 7 Sudesh Kumar and PW 8 Om Prakash, Sub Inspector. Accused in his statement under Sec. 313, Cr.PC stated that the witnesses have given false statements. He further stated that he and his brother Harbhajan Singh anted to marry his daughter at some place but his brother-in-law brought some person from Punjab and got his brother murdered. According to him he has been implicated in this case so that his daughter may be married to some other person by him brother-in-law. Accused did not examine any witness in defence. The learned Addl. Sessions Judge after hearing the arguments convicted, and sentenced the accused as above.

(3.) We have heard the arguments of the learned counsel for the appellant and the learned Public Prosecutor appearing for the State and perused the record of the case.