PANNEY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the-judgement dated 30-11-91 passed by the Additional District R Sessions Judge, Banner, by which the learned Additional Sessions Judge convicted the appellants for the offences under Sections 148, 302/149, 449, 324/149 and 323, IPC and sentenced each of the accused-appellants to undergo three years' rigorous imprisonment for the offence under Section 148, IPC, Imprisonment for life and a fine of Rs. 2000/- each and in default of payment of fine further to undergo three months' rigorous imprisonment for the offence under Section 302/149 IPC, seven years' rigorous imprisonment and a fine of Rs. 2000/- each and in default of payment of fine further to undergo three months' rigorous imprisonment for the offence under Section 449, IPC, one year's rigorous imprisonment for the offence under Section 324/149, IPC and three months' rigorous imprisonment for the offence under Section 323 IPC. All the sentences were ordered to run concurrently.

(2.) Appellants Panney Singh, Sawai Singh, Bhoor Singh, Jograj Singh and Swaroop Singh, along with one Teel Singh, were tried by the learned Additional Sessions Judge, Barmer for the offences under Section 302 read with Section 120-B, IPC. They were, also, tried for the offences under Sections 148, 302/149, 449, 323 and 324/149, IPC. The case of the prosecution, in succinct, is that the appellants along with co-accused Teel Singh and Balwant Singh hatched a conspiracy to commit murder of Khema Ram. In pursuance to this conspiracy, on 26-2-89, at, about 6.30 p.m., the accused Balwant Singh, Swaroop Singh, Bhoor Singh, Jograj Singh, Sawai Singh and Panney Singh came to the Dhani of Khema Ram situated in village Oundka (district Barmer). Balwant Singh was armed with a sword, Swaroop Singh was armed with a gun, Bhoor Singh was armed with a Kulhari while the remaining three accused were armed with Dharias. They came there to commit the murder of Khema Ram in order to take a revenge of the murder of Karan Singh, which was committed by Khema Ram. At that time, Khema Ram, his mother Smt. Parwati, wife Smt. Gawari, Chandu W/o Bheera Ram, Khema Ram's sons Prakash and Harish and daughters Miss Kamla and Miss Nenu were, also, present in the Dhani. Immediately after coming to the Dhani, accused Swaroop Singh opened a fire by the gun. Khema Ram was standing in the Dhani. The fire did not hit him and being scared, Khema Ram went in the room situated in the first floor and bolted the door from inside. All the ladies present in the Dhani intervened and requested the accused not to kill Khema Ram. The accused inflicted injuries to the ladies as well as to the children present there and stated that they have to take revenge and they will not leave Khema Ram alive. After giving beatings to the ladies and the children, the accused went up-stairs, made a fire at the door and thereafter broke the door, went inside the room and assaulted Khema Ram. Thereafter Balwant Singh separated the head of Khema Ram by cutting it from the neck and took the head of deceased Khema Ram with them and threw the head at a distance of ten Paundas by saying that they were offering the head to Karan Singh. After the accused went away, Prakash (Son of Khema Ram) brought the head of Khema Ram back and placed it near the deadbody. PW 11 Amra Ram S/o Poonma Ram-nephew of the deceased - came to the Dhani in the night and he was informed by PW 12 Smt. Parwati - the mother of the deceased - regarding the incident and the names of the assailants. Amra Ram, from the Dhani, went to Barmer and reached there at about 4.00 a.m. He informed Jetha Ram regarding the incident. Jetha Ram thereafter asked Amra Ram to inform his father at Guda Malani. Amra Ram thereafter went to Guda Malani and informed his father regarding the murder of Khema Ram. PW 10 Jetha Ram thereafter went to Loona Ram's house and from there he and Loona Ram went to Sona Ram's house and requested them to go to village Oundka. He then went to the house of Ganga Ram, from where he informed the police that the Rajputs of village Oundka have committed the murder of Khema Ram and the police should proceed to the village. This information was given to the police by Jetha Ram at 7.15 a.m. on 27-2-89. On this information, PW 15 Vishnu Lal, S.H.O., recorded the message (Ex.D. 1) in the Rojnamcha and proceeded towards village Oundka and reached the Dhani of the deceased, recorded the statement (Ex.P. 30) of Smt. Parwati and sent the same on 27-2-89 at 8.30 a.m. with Purna Ram, F.C., to Police Station Sadar, Barmer for registration of the case. The FIR (Ex.P. 31), on the basis of the statement Ex. P.30 was recorded at Police Station, Sadar, Barmer on 27-2-89 at 9.15 a.m. PW 15 Vishnu Lal, S.H.O., after recording the statement of Smt. Parwati, treated it as the FIR and after sending the FIR for registration, proceeded with the investigation and after completing the investigation, presented the challan against the appellants and co-accused Teel Singh and Balwant Singh. Accused Balwant Singh is absconding and, therefore, he could not be tried along with the other accused.

(3.) The prosecution, in support of its case, examined fifteen witnesses. PW 8 Prakash S/o deceased Khema Ram, PW 12 Smt. Parwati - the mother of the deceased and PW 13 Smt. Gawari - the widow of the deceased, are the eye-witnesses of the occurrence. PW 11 Amra Ram is the nephew of the deceased, who came to the Dhani in the night after the incident and was informed by his grand-mother Smt. Parwati regarding the incident, who, thereafter went to Barmer, informed his brother PW 10 Jetha Ram and thereafter went to Guda Malani to call his father. PW 10 Jetha Ram is the other nephew of the deceased, who after being informed by Amra Ram regarding the incident, telephonically gave the information to the police regarding the incident. PW 1 Kesar Singh, PW 3 Loona Ram, PW 7 Sona Ram and PW 9 Pokar Ram are the Motbir witnesses to the recoveries, the arrest of the accused, preparation of various memos etc. PW 2 Jetha Ram is the photographer who took the photographs Ex.P. 5 to Ex.P. 22 of the place of the incident and the deadbody of Khema Ram etc. PW 4 Mangi Lal is the Head Constable posted at Police Station, Sadar, Barmer, who registered the FIR on the basis of the statement of Smt. Parwati (Ex.P. 30) which was brought by Purna Ram, F.C. He was, also, the Malkhana Incharge of the Police Station, with whom the incriminating articles remained in the same sealed conditions, which were given to Ranjeet Singh (PW 5) for F.S.L. examination on 18-5-89. PW 5 Ranjeet Singh was the Police Constable posted at Police Station, Sadar, Barmer, who took the sealed articles on 8-5-89 from PW 4 Mangi Lal and thereafter handed-over the same to Bhabhoot Singh - an employee of the Office of the Superintendent of Police, Barmer, and after obtaining the forwarding letter from Bhabhoot Singh, took the sealed articles and deposited the same at the State Forensic Science Laboratory, Jaipur on 19-5-89. PW 14 Dr. Narendra Kumar was the Medical Jurist posted at the relevant time at the Government Hospital, Barmer, who conducted the autopsy on the corpse of Khema Ram and, also, medically examined Miss Kamla, Smt. Gawari (PW 13), Smt. Parwati (PW 12) and Smt. Chandu W/o Bheera Ram and found injuries on their person. The accused, in support of their case, examined DW 1 Dr. G. K. Ranawat and DW 2 Devi Singh.