MANJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 1. Manjeet Singh, Sukhvendra Singh, Malkiyat Singh, Maggha Singh and Jang Singh were committed to the Court of Additional District & Sessions Judge Raisinghnagar by the Munsif and Judicial Magistrate Anupgarh. Manjeet Singh who appellant in D.B. Criminal Appeal No. 246/92 was tried for the offences punishable under Sections 302 and 148 I.RC. as well as for the offence punishable under Sec. 27 of the Indian Arms Act. Sukhvendra Singh, Malkiyat Singh, Maggha Singh alias Trilok Singh were tried for offences punishable under Sections 148/302 read with Sec. 149 I.PC. Jang Singh was tried for the offence punishable under Sec. 30 of the Indian Arms Act. Manjeet Singh was convicted under Sec. 302 I.P.C. and Sec. 27 of the Indian Arms Act and he was sentenced to undergo life imprisonment and to pay fine of Rs. 200.00 for the offence punishable under Sec. 302 I.RC. and to undergo rigorous imprisonment for two years and to pay a find of Rs. 200.00 for the offence punishable under Sec. 27 of the India Arms Act and to undergo rigorous imprisonment for one year in default of payment of fine. Being aggrieved by the judgment of the learned Additional District and Sessions Judge Raisinghnagar Manjeet Singh has filed the Criminal Appeal No. 246/92.

(2.) Sukhvendra Singh Malkiyat Singh Maggah Singh alias Trilok Singh and Jang Singh were found not guilty of the charges framed against them and in consequence they were acquitted. The State has filed the D.B. Criminal Appeal No. 383/92 against the acquittal.

(3.) The prosecution case in short is that on 5.5.1988 at about 7 RM. Jitendra Singh son of Devendra Singh was taking his meals at his house. His father Devendra Singh and his sister Surendra Kaur were also present at the house. At that time Maggha Singh went to the house of Devendra Singh and called Jitendra Singh. Jitendra Singh then went outside the house. His father Devendra Singh followed him and Devendra Singh followed by Surendra Kaur in front of the house of Jang Singh, Manjeet Singh, Sukhvendra Singh, Malkiyat Singh and Surendra Singh were standing. Manjeet Singh and Sukhvendra Singh both were armed with 12 bore short guns. Malkiyat Singh and Surendra Singh did not possess any arm. When Jitendra Singh went outside his house Manjeet Singh, Sukhvendra Singh, Surendra Singh and Malkiyat Singh cried At that time Maggha Singh at whose instance Jitendra Singh had gone outside the house moved away from Jitendra Singh. Thereafter Manjeet Singh opened fire with 12 bore short gun. The charge his Jitendra Singh at his stomach chest and face and pellets entered his body. Devendra Singh and Surendra Kaur both saved themselves by going behind the door. At that time Bhirsingh Pargat Singh and Satnamsingh were going in front of the house of Jangsingh. Devendra Singh raised an alarm and cried for help because Jitendra Singh has been shot dead. Bhirsingh, Pargat Singh then went near Jitendra Singh at that time the accused persons entered the house of Jang Sing. Devendra Singh and his daughter Surendra Kaur also went near Jitendra Singh who had failed on the ground. Thereafter Bhirsingh Pargat Singh, Satnamsingh, Devendra Singh and Surendra Kaur carried Jitendra Singh in an injured condition to the house of Devendra Singh. After some time Jitendra Singh was taken to Vijainagar Hospital. While he was being taken to the Vijainagar Hospital he succumbed to his injuries. His dead body was then taken to the Police Station Vijainagar. According to Devendra Singh at Vijainagar Police Station he was told that the Police Station Anupgarh had the jurisdiction. Therefore he carried the body of Jitendra Singh to the Police Station Anupgarh and lodged the first information report there. The first information report was lodged at the police station Anupgarh at 3 PM. on 6.9.1989. On the basis of the report lodged by Devendra Singh, the police registered a case under Sec. 302, 147, 148, 149, 120B I.PC. and section 27 of the Indian Arms Act. After investigation a report under Sec. 173 Cr.PC. was submitted in the Court of Munsif and Judicial Magistrate Anupgarh who in due course committed the case to the Court of learned Additional District and Sessions Judge Raisinghnagar.