DHARAMPAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Dharampal Singh and Jai Vir Singh faced trial before the Additional Sessions Judge, Khetri, who by his judgment dated 27-8-1994 convicted Dharampal Singh for offences u/Ss. 302, 459, IPC and 27 of the Arms Act, and Jai Vir Singh u/Ss. 302/34 and 459/34, IPC, and sentenced each one of them to imprisonment for life with a fine of Rs. 2,000/-, in default thereof, to further undergo R.I. for one year u/S. 302/34 r.w. S. 34, IPC and to nine years' R.I. with a fine of Rs. 1,000/- in default thereof to undergo RI for six months on the second count. For the offence u/S. 27 of the Arms Act, the learned trial Judge sentenced Dharampal Singh to undergo eight years' RI with a fine of Rs. 500/- in default thereof, to further undergo R.I. for five months. The learned trial Judge further directed that appellants' substantive sentences shall run concurrently.

(2.) It appears that on 4-12-1989 at 1-45 a.m., PW. 3 Jai Singh submitted written report Ex. P. 1 to PW 7 Sultan Singh SHO PS Khetri to the effect that on 3-12-1989 at about 7-7.15 p.m. his younger brother Hari Singh (deceased) after having his dinner had gone to the well situated in their agricultural field and that he (Jai Singh), his mother (PW 10 Chandra Bai), father (PW 1 Maman Singh), sister (PW 6 Kumari Saroj), Narsingh and his wife (PW. 2 Smt. Vidya) were taking their meals in their house situated in village Kishanpura; that all of a sudden, somebody pushed the doors of his drawing room (Baithak), and they heard appellant Dharampal Singh shouting and calling them to come out. When they did not open the doors of the 'Baithak', Dharampal Singh, who was armed with a gun, came inside their house from the main gate and fired towards Narsingh (deceased), who at that moment of time, was coming after drinking water from their "Parinda" (place for keeping earthen pots of water). Appellant Dharampal Singh also threatened to kill all of them. At that time, appellant Jai Vir Singh was also with Dharampal. Dharampal Singh continued giving threats to kill them. Jai Singh further informed that while he was taking away injured Narsingh in a camel cart to Basai Hospital, PW 13 Munshi Singh and PW 14 Sanwat Singh came there and informed him that appellant Dharampal Singh had also committed the murder of Hari Singh (another brother of informant Jai Singh) by firing a gun shot near the Dharamshala. Jai Singh further mentioned in his written report Ex. P. 1 that when he reached near Dharamshala, he found Hari Singh lying dead. Narsingh succumbed to his injuries near Basai bus stand. Thereupon his dead body was brought back. Jai Singh also mentioned in report Ex. P. 1 that Dharampal Singh was serving in C.R.P.F. and posted at Bhatinda (Punjab), from where the latter had brought the Government rifle by which he had committed murders of Hari Singh and Narsingh.

(3.) On this report, formal FIR Ex. P. 2 was drawn. PW 17 Sultan Singh SHO inspected the place of occurrence near Dharamshala in village Kishanpura and prepared site plan Ex. P. 3. There he found the dead body of Hari Singh lying in the Verandah. He also picked a bullet, which was found embedded in the wall of Dharamshala. He prepared memo of dead body of Hari Singh Ex. P. 6 and lifted blood-stained soil and the sample of control soil vide seizure memo Exs. P. 22 and P. 21, respectively as also seizure memo Ex. P. 23 of blood-stained bullet. He prepared inquest report Ex. P. 18 of deceased Hari Singh.