BALKARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FIVE accused Balkaran Singh, Gurcharan Singh, Udey Singh, Madha Singh and Hargovind Singh were tried by the learned Additional Sessions Judge, Bikener in connection with an occurrence which took place on August 28, 1973 at 9. 30 A M. near the culvert, on the outskirts of village Karad-wala. In the course of that occurrence, Jeeta Singh (since deceased) received fatal injuries and PW. 6 Balvinder Singh also sustained gun-shot wounds. The case of the defence is that in the same occurrence, appellant Balkaran Singh and his brother accused-appellant Gurcharan Singh also sustained injuries and they acted in exercise of the right of self-defence. The learned Additional Sessions Judge by his judgment dated May 15, 1975 held that the accused were aggressors and the first shot was fired by the accused He convicted the accused-appellants Balkaran Singh, Gurcharan Singh and Udey Singh under section 302/ 34 I. P. C. for causing the death of Jeeta Singh and sentenced each of them to life imprisonment. They were also convicted under section 26 of the Indian Arms Act and each of them was sentenced to two years' rigorous imprisonment. In Addition to that Gurcharan Singh was convicted under section 307. I. P. C. for the injuries caused to PW. 6 Balvinder Singh and was sentenced to three years' rigorous imprisonment. The remaining two accused Madha Singh and Hargovind Singh were acquitted of all the charges framed against them.

(2.) TERSELY speaking and shorn of unnecessary details, the prosecution story as revealed during the trial is: The appellants Balkaran Singh and Gurcharan Singh are real brothers. Their houses and fields are situated on the outskirts of village Karadwala near the culvert. Appellant Udey Singh is their uncle. PW. 6 Balvinder Singh is the brother-in-law of Jeeta Singh (deceased ). P. W. 20 Vichitra Singh is the fa*her of Jeeta Singh (deceased ). PW 27 Mst. Gurpal Kaur is the widow of Jeeta Singh (deceased ). There was a long standing quarrel between the families of Jeeta Singh (deceased) and Balkaran Singh and others, leading to various criminal cases between the parties.

(3.) IT cannot be disputed and has not rightly been disputed that Jeeta Singh (deceased) sustained gun shot wounds at the time and place mentioned by the prosecution and as a result of which he met an instantaneous death. IT has been proved beyond any shadow of doubt that P. W. 6 Balvinder Singh also sustained gun-shot injuries in the course of the same occurrence.