KEHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the conviction of the accused-appellant under Section 302, IPC and the consequent sentence of life-imprisonment. According to the prosecution, complainant Veer Singh lodged oral report on 21-5-82 at 9.30 a.m. stating that, yesterday he irrigated his field after the turn of Kehar Singh and, there being no further field of other persons to be irrigated through that water-channel, water continued to flow into their field. Today, he along with his brother Atma Singh came to their field to carry away fodder. They found that Kehar Singh (accused-appellant) with his elder brother Gurmail Singh and brother-in-law Bunta Singh was standing at the naka (inlet) and had diverted the water of their share to their (Kehar Singh and Gurmail Singh's) field. They ( Veer Singh and Atma Singh) stopped the cart at the naka. Veer Singh was armed with a Kasi and Tangali. Atma Singh was carrying a Tangali with him. They asked Gurmail Singh why they (Gurmail Singh and Kehar Singh) had diverted the water of their share when it was no longer their turn, and proceeded to plug the naka. Thereupon, Gurmail Singh Kehar Singh and Bunta Singh came ahead shouting. Bunta Singh with a kasi and Gurmait Singh with a tangali having iron spokes proceeded towards Veer Singh in aggression. Kehar Singh armed with a kasiya in his hand proceeded to hit Atma Singh. Bunta Singh inflicted injuries upon Veer Singh with kasi and Gurmail Singh hit him with tangali. Kehar Singh hit Atma Singh with kasiya who, shielding himself with tangali he was carrying, ran towards the field of Megha Ram. Gurmail Singh exhortrd Kehar Singh to finish Atma Singh and said that he and Bunta Singh would kill Veer Singh. Veer Singh fled through the freshly irrigated field of Megha Ram where Gurmail Singh and Bunta Singh got stuck in the mud. Kehar Singh hit Atma Singh with kasiya in the field of Megha Ram, where Atma Singh fell down. Gurmail Singh approaching near Atma Singh hit him with tangali 2-3 times. Kehar Singh then hit Atma Singh with kasiya 2-3 times. In the meantime, Jogendra Singh alias Bhura Singh who was coming up from the side of 4 MSR on hearing their voice proceeded towards them running; on this, Gurmail Singh and Kehar Singh started dragging away Atma Singh towards their field. On their shouting, they (Kehar Singh and Gurmail Singh) dropped the body of Atma Singh in the Khala. All three of them ran away towards their dhani. When Veer Singh saw Atma Singh he found him dead. Complainant Veer Singh reported that Bunta Singh, Gurmail Singh and Kehar Singh having murdered his brother Atma Singh. The police registered case against the accused persons under Sections 302, and 307/34, IPC and proceeded with the investigation. After filing of the challan, the accused-appellant along with the other accused was charged and tried under Sections 302/34 and 323/34, IPC. The prosecution examined 10 witnesses.

(2.) The accused pleaded not guilty and took up the defence that the complainant party was the aggressor and caused injuries to them. In S. 313, Cr. P. C. statement, the accused took the defence that on Friday they had taken the standing water for irrigation from the water-channel; on that, the complainant party attacked them with tangali and kasi and they have defended themselves; the incident took place at the opening (inlet) of the channel; the field of the complainant is situated at height and, therefore, water remains in the channel and, for that, the complainant party gets extra 15 minutes' time for irrigation than the time given to them; the water which could not be used for irrigation was used by them by opening an inlet to their field. Thus it is the case of the accused in defence that the incident took place but the injuries were caused in exercise of right of self defence of person and property.

(3.) PW-6 Satya Prakash Sharma is the doctor who has conducted the autopsy on the dead-body of deceased Atma Singh and found the following injuries :