BRIJENDRA SINGH JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 5.3.1993 passed by the learned Sessions Judge, Bharatpur, whereby he convicted the appellant for the offence under Sec. 302, Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 in default, to further undergo one years R.1.

(2.) Succinctly stated, relevant facts for the disposal of this appeal are that on 27.2.1990 at about 4.15 p.m. while the polling for State Legislative Assembly at polling Center Nagla Saman of village Penghor was going on an altercation arose between accused appellant Brijendra Singh, who was the polling agent of one independent candidate, Foran Singh and PW 7 Rambir Singh, who was polling agent for the candidate of Congress (I) party. When PW 6 Smt. Neelam w/o of deceased Bhuri Singh came to cast her vote, the appellant objected alleging that she had come there to cast her vote second time. Rambir Singh refuted the said allegation. Thereupon the appellant and Rambir Singh came out of the polling station quarrelling with each other. It is alleged that the appellant went to his house and came with his licensed 12 bore single barrel gun. PW 1 Jaswant Singh and deceased Bhuri Singh tried to pacify the appellant but he did not stop quarrelling. It is alleged that co-accused Khem Singh, the father of the appellant armed with a lathi and Rajan Singh armed with a Farsa also came there. Co-accused Khem Singh exhorted the appellant to open fire, thereupon the appellant fired his gun causing injuries to Bhuri Singh. Co-accused Khem Singh and Rajan Singh also inflicted lathi and farsa blows to Jaswant Singh and Shivcharan. All the injured persons were taken to Government Hospital Kumher in a truck of the polling party and from where they were referred to General Hospital, Bharatpur. PW 20 Dr. Hari Singh examined injuries of Bhuri Singh and Jaswant Singh. It is alleged that while Bhuri Singh was being taken to Agra for treatment, he succumbed to his injuries and, therefore, his dead body was brought back. Ram Kishan ASI Incharge, Out-Post Mathura Gate, Bharatpur recorded the Parcha Bayan of injured Jaswant Singh on the same day at 9 p.m. Since the said incident had taken place within the jurisdiction of police station Kumher, the said Parcha Bayan was sent there, where on 28.2.1990 at 6 a.m., crime was registered. PW 21 Jai Singh, inspected the site, prepared site plan and lifted blood stained soil and controlled soil from the place of occurrence. He sealed and seized those vide seizure memo Ex.P 3. Dr. Hari Singh conducted the post mortem examination on the dead body of Bhuri Singh and vide post mortem report Ex.P 28 opined that the cause of death was due to gun-shot injuries causing severe lacerations of right femoral vessels resulting in excessive loss of blood and shock. The appellant was arrested on 5.3.1990. It Is alleged that the appellant in pursuance to his information got recovered his licensed 12 bore gun, Art. 12. The sealed packet of 21 lead pellets, which were taken out by the medical jurist from the dead body of the deceased as also sealed packet of the recovered 12 bore gun were sent to the State Forensic Science Laboratory, Rajasthan Jaipur. The Assistant Director of the said Laboratory vide his report Ex.P. 37 opined that the said gun was a serviceable firearm, that the examination of the barrel residue indicated that the said 12 bore gun had been fired, however, definite time of its last fire could not be ascertained, and that those lead pellets could have been fired from that 12 bore SBBL gun.

(3.) After usual investigation, a challan was filed against the appellant and co-accused Khem Singh and Rajan Singh in the Court of the learned Additional Munsif and Judicial Magistrate, Bharatpur, who in turn committed the case to the Court of Sessions. All the accused persons were charged for offences under Sec. 302/34, 325/34 and 323/34, IPC, to which they pleaded not guilty and claimed trial. To prove its case, the prosecution examined as many as 21 witnesses. The appellant in his plea recorded under Sec. 313, Cr.P.C denied all the allegations appearing against him in the prosecution evidence and asserted that he did not get any forged vote casted that the polling was going on peacefully till 5 p.m., that in the evening when the polling party was in the process of leaving the polling station, Rambir Singh, Shivcharan, Man Singh etc. inflicted injuries to his father Khem Singh in the field of one Lakhmi alleging that he was supporter of Congress (I). He further asserted that a false case has been foisted against him. However, no witness was examined in defence.