SUKHA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE both these appeals are directed against one and the same judgment of the learned Additional Sessions Judge, Shri Ganganagar dated September 29, 1984, they were heard together and are disposed of by a common judgment. By the impugned judgement, the four appellants Sukhasingh alias Sukhpalsingh, Jaskaran Singh, Gurcharan Singh and Satpal Singh were convicted under sections 302/34 and 364/34. I. P. C. and each was sentenced to imprisonment for life with a fine of Rs. 400/- on the first count and five year's rigorous imprisonment with a fine of Rs. 500/- on the second count. Accused Sukhasingh alias Sukhpalsingh was also convicted, by the same judgment, under section 27 of the Arms Act and sentenced to one year's rigorous imprisonment with a fine of Rs. 100/ -. The accused have come-up in appeals and challenge their convictions.

(2.) THE prosecution case is short and simple and may be summarised as under. PW 1 Balbirsingh and PW 2 Jogendra Singh Jat-Sikha are real brothers. THE deceased-victim Sarvajeetsingh, aged about 22 years at the time of his murder, was the son of PW 2 Jogendra Singh. THEy all resided in village Moha-llah P. S. Kesharsinghpura district Sri Ganganagar. Nearly ten/twelve days before the incident, a quarrel took place between the deceased Sarvajeetsingh and the accused Sukhasingh. It is alleged, that on account of this quarrel, accused Sukhasingh harboured an ill-will against Sarvajeetsingh. Accused Jaskaransingh, Satpalsingh and Gurucharansingh are the close relatives of accused Sukhasingh. At about 9. 30 p. m. on March 8, 1984, Sarvajeetsingh was going to his house from the house of PW 1 Balbirsingh. THE four accused persons were standing on the main gate of the house of accused Sukhasingh, shown by mark '2' in site plan Ex. P 3. When Sarvajeetsingh happened to pass out-side this gate, the four accused persons forcibly caught hold of him and took him in the house of accused Sukha Singh. THEy closed the shutters of the main gate. PW 1 Balbirsingh, who was standing a few feet away at the end of the street, immediately rushed to the house of Jogendra Singh (PW 2) and informed him as to what he had seen. Balbirsingh (PW 1) and Jogendra Singh (PW 2) came running to the house of accused Sukhasingh and raised cries to open the gate. THE gate was not opened. Both the brothers thereafter rushed to the house of Balbir Singh (PW 1), where they found their another brother Gurudeosingh. THE three brothers went on the roof of their Kotha, THE roof of this Kotha is contiguous to the house of accused Sukhpalsingh. THEy saw that accused Sukhasingh had a D. B. B. L. 12-bore gun, Gurucharansingh had a Gandasa while Satpalsingh and Jaskaransingh had lathis. THEy were inflicting blows with their weapons to Sarvajeet Singh at the place shown as Darwaja by digit '4' in site plan Ex. P 3. THEre was electric light there. THE three brothers implored the accused persons not to beat Sarvajeetsingh, but their request fell on the deaf ears. THE accused persons continued to strike blows to Sarvajeetsingh. Sarvajeetsingh fell down. Accused Sukhasingh fired his gun at Sarvajeetsingh which hit him on his head. Sarvajeetsingh passed away instantaneously on the spot. THE culprits threat-ended the three brothers that in the case they tried to come down from the roof, they would also be shot dead. THE three brothers came down and went to their 4th brother Rajendra Singh (PW 6 ). THEy narrated the incident to him. Rajendra Singh wrote report Ex. P I containing the facts stated to him by Balbirsingh. Jogendrasingh (PW2) and Rajendra Singh (PW 6) went to police Station, Kesarsinghpura and presented report Ex. P 3 at about 11. 45 p. m. on the same day. THE police registered a case under sections 302/34, I. P. C. and under section 27 of the Arms Act. THE investigation was taken up. THE S. H. O. Mohan Lal (PW 10) arrived on the scene of the occurrence in the morning on March 9, 1984. He inspected the site and prepared the site plan. He also prepared the inquest report of the victim's dead-body. THE post-mortem examination on the victim's dead-body was conducted at about 11. 30 A. M by PW 5 Dr. Jaswant Singh - the then Medical Officer Incharge, Government Hospital, Kesarsinghpura. THE doctor noticed the following ante-mortem injuries on the victim's dead-body: - (1 ). Incised wound 4" x 1/2" bone deep just above the right over brew. (2), Lacerated wound 4" x \" x bone deep 2" above the injury No. 1. (3 ). Lacerated wound with blackening and charring and singing of the hair of size 4" x. 4" wound containing brain matter which was badly injured and was coming out from the wound on the right side of face, in front and behind and above right ear, with multiple fractures of the skull bones were shattered into small pieces. Multiple pellets and cork pieces were removed from various parts of the skull cavity and brain metier pellets and all pieces were sealed and handed over to the police, (4 ). Contusion 3" x 1" right mid axillary line. (5 ). Contusion 5" x 1/2" on the right thigh. (6 ). Contusion 1-1/2" x 1/2" on the right leg 5" from the right knee joint. (7 ). Contusion \" x 1/2" on the knee joint. (8 ). Contusion 1" x 1/2" on the right leg 5" thigh, middle mallodus. (9 ). Contusion 4" x 1" on the lateral side of the right thigh. (10 ). Contusion 4" x 1/2" on the left leg in front. (11 ). Contusion 2" x 1/2" on the left tibia tuberosity. (12 ). Lacerated wound with fracture of the shin of left libiar of 1 x 1/2" x bone deep 3" below from the injury No. 11. (13 ). Contusion 2" x 1/2" on the left thigh. (14 ). Contusion 5" x 1" on the back of chest left side. (15 ). Lacerated wound of the left pinna. (16 ). Contusion 1" x 1/2" on the left fore-arm. (17 ). Contusion 1/2" x 1/2" on the back of left elbow joint. (18 ). Abrasion 1" x 1/2" on the left arm.

(3.) WE may reiterate that the fate of the case looms largely, rather completely, on the testimony of PW 1 Balbirsingh and PW 2 Jogendra Singh. Their testimony was found reliable and dependable by the learned Sessions Judge in convicting the appellants.