GURJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated March 27, 1982, the learned Additional Sessions Judge, Raisinghnagar convicted the accused Surjeetsingh under Section 302, I.P.C. and the remaining three accused Mehatab Singh, Mangalsingh and Ratansingh under Section 302/34, I.P.C. and sentenced each of them to imprisonment for life with a fine of Rs. 100/ - in default of the payment of fine to further undergo one month's rigorous imprisonment. By the same judgment, he further convicted them under Section 447, I.P.C. and sentenced each of them to three months' rigorous imprisonment. Substantive sentences were directed to run concurrently. The accused have come -up in appeal and challenge their conviction.

(2.) BRIEFLY stated, the prosecution case is that Pyarasing, aged about 45 years, and his wife Smt. Hardeo Kaur, aged about 35 years, were living with their son Keharsingh (PW 1) and daughter Ku. Kaushaliya (PW 5) in the Dhani they had raised in their Muraba No. 116/322 situate to Rohi Mauja Vishanpura P.S Muklawa district Ganganagar Pyarasingh had sown Gawar in some portion of kila No. 17 of this Muraba some where in June, 1980. The plants of Gawar had come -out of the soil. At about 5.00 p.m. on July 26, 1980, Pyarasingh was working in Kila No. 17. The four accused Surjeetsingh, Mehtabsingh, Mangalsingh and Bantasingh came there in Kila No. 17 and started up -rooting the Gawar plants by ploughing the field. Pyarasingh implored them not to do so, but with no success. They made an assault on Pyarasingh. Pyarasingh raised cries, hearing which his wife Smt. Hardeo Kaur, his son Keharsingh and his daughter Kumari Kaushaliya, who were in their Dhani, rushed to the spot. Accused Surjeetsingh had an axe, Mehtab Singh had a Lathi and Mangalsingh and Bantasingh had Kassi. Accused Surjeet singh struck a blow of his axe on the head and the other on the face of Pyarasingh. Pyarasingh fell down and became unconscious. Thereafter accused Mangal Singh. Banta Singh and Mehtab Singh struck blows to him with their weapons. Hardeo Kaur tried to rescue her husband, but she too was not spared. Accused Surjeet Singh struck a blow of his axe on the head of Smt. Hardeo Kaur She also fell down and became unconscious. The other accused, after she fell down, struck blows to her with their weapons. Kehar Singh (PW 1) and Kumari Kaushaliya (PW 5) raised alarm. The accused told that they should also be finished. Kehar Singh and Kumari Kaushaliya, apprehending risk to their life, rushed towards the Dhani of their uncle Mehtab Singh situate nearby. They reached there and narrated the incident to their aunt Smt. Veero (PW 2). She confined them in a Kotha for their safety The accused lifted Pyara Singh and Smt. Hardeo Kaur and put them in Kila No. 24 of the Muraba. They then sped away towards their Dhani. Smt. Veero (PW 2), Kehar Singh (PW 1) and Kumari Kaushaliya (PW 5) went to Kila No. 24 and found Pyara Singh and Smt. Hardeo Kaur dead. Kehar Singh (PW 1) went to Gurudwara Buddha Jor to inform his grand -father Jaimal Singh (PW 4), who had gone there to offer prayers. He found Jaimal Singh near the Gurudwara and narrated the incident to him. Both of them came to Kila No. 24. Jaimal Singh remained with the dead bodies. Kehar Singh (PW 1) then went to village Usman Khera to bring his father's sister. Jaimal Singh remained with the deed bodies through out the night Next day, he went on foot to the Police Station, Muklawa and presented written report Ex P.3 at about 12.00 Hours. The police registered a case and proceeded with investigation. The Station House Officer Mohan Lal (PW 8) arrived on the spot, inspected the site and prepared the site plan and the inquests of the dead bodies, He also found blood scattered around in Kila Nos. 17 and 24. He lifted the blood -stained soil and sealed it. The postmortem examination of the dead bodies was conducted at about 10.30 a.m. on July 28, 1980 by PW 3 Dr. S.M. Sharma, the then Medical Officer In -charge, Primary Health Centre, Raisinghnagar. The doctor noticed the following ante -mortem injuries on the victim's dead bodies:

(3.) WE have heard Mr. H.N. Calla, learned Counsel for the appellants and the learned Public Prosecutor. We have also gone through the record of the case.