PRITAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this judgment dated November 28, 1981 the Additional Sessions Judge(1), Hanumangarh convicted the accused Pritam Singh under Sections 302/34, 307/34 and 449, IPC and sentenced him to imprisonment for life on the first count and rigorous imprisonment for ten years on the second count and seven years' on the last count. Sentences were directed to run concurrently.

(2.) THE incident is alleged to have taken place at about 8.00 a.m. on July 6, 1960 in village Gaddar Khera P.S. Hanumangarh district Ganganagar, in which one Dularam Harijan was hacked to death and severe gun -shot injuries were caused to one woman.

(3.) AT about 8.00 a.m. on July 6, 1960, PW 1 Kripal Singh and Dula Ram were sitting in the courtyard of the house of Kripalsingh. PW 2 Smt Nihar Kaur was collecting cow dung. PW 3 Sameshersingh was also working with her. All of a sudden, there was a gun shot. Kripalsingh and Dularam got -up and ran for safety. Kripalsingh went in the kitchen while Dularam took shelter in the Kotha. Smt Nihar Kaur went towards the gate of her house. The appellant Pritamsingh accompanied with Kartarsingh and Kashmirsingh came to her and started beating her. Kakasingh, who had also come there, fired a shot at Smt. Nihar Kaur, which hit her left palm. Pritamsingh appellant, Kartarsingh and Kashmirsingh went in the Kotha where Dularam had taken shelter. Each of them had a kripan' (sword). They started inflicting blows to Dularam with their kripans. Dularam raised cries. The accused stopped inflicting blows to him only when he (Dularam) passed away. There alter the four miscreants, namely, Pritam Singh, Kashmirsingh, Kartarsingh and Kakasingh sped away hurriedly towards their house. Kashmirsingh and Kartarsingh were not the resident of village Gaddar Khera. They resided in Punjab and were brought by accused Pritamsingh and Kakasingh for their help Kripalsingh after when the miscreants left his house, went to Police Out Post, Sadulshahar, where he reached at about 12.30 Hours on the same day. He lodged verbal report Ex. P 1 of the occurrence. The police registered a case took -up the investigation. PW 6 Danasingh, who was then the Station House Officer, arrived on the spot and prepared the inquest report of the dead body of Dularam, which was lying in the Kotha of Kripalsingh. He also inspected the site and prepared the site plan. The blood stained soil was seized and sealed. The guns, which two of the miscreants had, and one of which was snatched by Smt. Nihar Kaur and Samshersingh from one of the miscreants, were seized and sealed. The injuries of Smt. Nihar Kaur (PW 2) were examined by Dr B.D. Jain the then Medical Officer Incharge, Government Hospital Sadulshahar. He found injuries caused by gun -shot and blunt weapons on her body. The injury report prepared by the doctor is Ex. P 14. The medico -legal autopsy over the dead body of Dularam was also conducted by Dr. Jain at about 5.30 p.m. on the same day. The doctor noticed the following ante mortem injuries: