HARBHAJAN SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Addl. Sessions judge, Raisingnagar by his judgment dated 17.8.1994 has convicted the accused-appellants under sections 302, 302/149, 307/149, 336/149, 148 Penal Code and Sec. 27 of the Arms Act and passed the following sentences:- <FRM>JUDGEMENT_76_LAWS(RAJ)4_19971.html</FRM> All the sentences were ordered to run concurrently.

(2.) The prosecution case, as unfolded during trial may be stated as follows. On 18.11.1992, at 6.00 a.m. Mahendra Singh (PW 4), Kashmir Singh (PW 5), Gurubachan Singh (PW 7), Achhar Singh and Deedar Singh (PW 6) were sitting in the house of Shri Mahendra Singh. Accused Harbhajan Singh, Niranjan Singh and Harjinder Singh came on a tractor. After stopping the tractor they abused Mahendra Singh and other persons above named. They also fired a gun in the air in order to terrorise them. Thereafter they left with a threat that they were returning after bringing some more persons in order to take revenge. There was a dispute between the above two groups in respect of some way of the agricultural land. It is alleged that at 8.00 a.m. Harbhajan Singh, Mahendra Singh, Niranjan Singh, Pyara Singh, Malkiyat Singh, Nishan Singh, Kulwant Singh and some other persons came from the side of bus stand of 49 G.B. Most of them were armed with guns and rifles and they were firing in the air. Balveer Singh wanted to go to his house and when he was going so Harbhajan Singh fired at him with his gun which hit Balveer Singh on his head. He died instantaneously. Similarly, Gurubachan Singh was also trying to run towards his house but Niranjan Singh fired a gun fire at him which hit on his mouth. He was seriously injured and took shelter behind the chhapra of the house of Mahendra Singh in which Topanram was also living in one portion. Thereafter the accused left the place of occurrence. This violence continued for about 5 to 7 minutes. After the departure of the accused, Mahendra Singh boarded a bus and reached Police Station, Ramsinghpur on the same day at 8.40 a.m. and lodged the FIR Ex. P/17. On receipt of the report, the police registered a case u /ss. 302, 147, 148, & 452 Penal Code and started investigation. Mangu Khan informed about this incident to Circle Officer, Anupgarh by wireless and the Circle Officer entrusted the investigation to Mangu Singh (PW 11). He reached the place of occurrence: He prepared the inquest report Ex. P/22 in presence of Punches. Certain photographs were also taken of the site. The Investigating Officer also got the autopsy on the body of Balveer Singh done by Dr. K.L. Ma danpotra. According to the post-mortem reports Ex. P/1, Balveer Singh was found to have sustained a penetrating lacerated wound 2 cm. x 2 cm. triangular in shape over forehead at left eye brow. Margins of the wound were inverted. There was no burning, blackening or tattoing on surrounding skin but colour of abraison was present at margin of wound and looked like black coloured margins of wound of entry. The direction of the injury was oblique and backward from left to right. There were fractures of frontal bone, occipital bone, temporal bone, parietal boneand nasal bone. The brain matter was also coming out. Pieces of brain matter and bones were found present near the exit wound. Balveer Singh died on account of the above gunshot injury.

(3.) Gurubachan Singh was also medically examined by Dr. Ratanlal Agarwal (PW 9) on 18.11.1992. He found the following injuries on his person:-