MAHENDRA SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellants Mahendra Singh and Buwa Singh have filed this appeal against the judgment of the learned Additional Sessions Judge, Bundi dated 31 -10 -1974, where by the appellant, Mahendra Singh, has been convicted under Sec. 302/34, IPC and sentenced to imprisonment for life and a fine of Rs. 1,000/ - and in default of payment of fine to undergo further rigorous imprisonment for six months, and the appellant Buwa Singh has been convicted under Sec. 302, IPC and sentenced to imprisonment for life and a fine of Rs. 1,000/ - and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The brief facts of the prosecution case are that Mohan Singh son of Kaka Singh lodged a First Information Report Ex. P/1 on 21 -6 -1973, at 1.30 a.m. at the Police Station, Talera, district Bundi alleging therein that at about 9.00 p.m. on 20 -6 -1973, Harbans Singh has been murdered. He further alleged that on 20 -6 -1973, at about 11.00 a.m. he and Harbans Singh left for village Prempuria for purchasing a bullock. When he and Harbans Singh reached near the village Sawalpura Mahendra Singh son of Sohan Singh, resident of village Kankardoli, met them there. He told them that the betrothal ceremonies of the sons of Banta Singh & Mahendra Singh are taking place today, and therefore he persuaded both of them to accompany him to the house of Banta Singh. At the house of Banta Singh, Dilip Singh and Kashmira Singh also met there. At about 8.00 p.m. when the other persons who assembled there, had already taken their meals, Mohan Singh and Harbans Singh sat down to take their meals. Buwa Singh came there and started taking meals in the same plate. Buwa Singh was requested not to take his meals in the same plate, but he insisted which resulted in a scuffle. Buwa Singh went inside the house and brought a "dantar" and attacked Harbans Singh on his head. It is further contended that Buwa Singh gave 2 -3 more strokes with the 'dantar", and thereafter Mahendra Singh fired four rounds from his revolver and took the "dantar" from Buwa Singh and attacked Harbans Singh on his back. Harbans Singh died on the spot. It is further alleged that Mohan Singh along with Dilip Singh and Kashmira Singh went away from this place for safety. It was further alleged that they saw Mahendra Singh son of Mangal Singh, Mahendra Singh son of Sohan Singh, Buwa Singh son of Bhola Singh & Milkha Singh carrying the dead body of Harbans Singh on a cot. It was also alleged that Mahendra Singh and Buwa Singh have murdered Harbans Singh because both of them wanted to take revenge from Harbans Singh for the murder of Makhan Singh. It was also said that Makhan Singh was murdered 2 -3 years ago by Harbans Singh and Gajjan Singh. After investigation Buwa Singh and Mahendra Singh were tried for the offences under Ss. 302 and 201, IPC. Accused Milkha Singh and Mahendra Singh son of Mangal Singh were tried for the offence under Sec. 201, IPC.

(3.) PW/1 Mohan Singh stated that he was going along with Harbans Singh for purchasing a bullock. Mahendra Singh son of Sohan Singh met them on the way and persuaded them to go to the house of Banta Singh as the betrothal ceremonies of the sons of Banta Singh and Mahendra Singh were going to take place. Both of them wanted to go for purchasing the bullock in the after -noon, but they were persuaded by the accused persons. At about 8.9 p.m. when Mohan Singh and Harbans Singh started taking meals Buwa Singh came and joined them in their plate. Buwa Singh was requested not to take his meals in the same plate, but he insisted which resulted in a scuffle. When Mohan Singh wanted to go away Mahendra Singh and Buwa Singh both of them pulled him down. Harbans Singh intervened and therefore, Buwa Singh caught hold of Harbans Singh by his hair and pulled him down. Later on, Buwa Singh went to the house of Banta Singh and brought a 'dantar'. Mahendra Singh caught hold of Mohan Singh, while Buwa Singh dealt a blow on the head of Harbans Singh with the "dantar". Soon after Buwa Singh dealt another blow with the "dantar" on the head of Harbans Singh. Harbans Singh fell down. There after Mahendra Singh left Mohan Singh and took the "dantar" from Buwa Singh. Mahendra Singh then gave a number of strokes by the "dantar" on the back of Harbans Singh. Dilip Singh and Kashmir Singh wanted to intervene, but Mahendra Singh son of Sohan Singh fired four rounds from his revolver as a result of which Mohan Singh, Dilip Singh and Kashmir Singh went away from there for safety. Then at about 11.00 p.m., they saw Buwa Singh, Mahendra Singh son of Sohan Singh, Mahendra Singh son of Mangal Singh and Milkha Singh carrying the dead body of Harbans Singh on a cot. All the four accused persons were armed with swords. Mahendra Singh was putting on a "tehmat", which was stained with blood. Mohan Singh gave information to the police on the basis of which the dead body of Harbans Singh was found out. The head was completely chopped off from the dead body. The head of Harbans Singh was also recovered near the Nainwa Road. The dead body of Harbans Singh was recovered from the field of Mahendra Singh Jat. At the time of incident Dilip Singh and Kashmir Singh were standing at a distance of 30 -40 paces.