NIRANJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals arise from the judgment dated July 12, 1972, by which the learned Sessions Judge, Ganganagar convicted the accused Niranjan Singh under I. P. C. and sentenced him to undergo imprisonment for life and convicted him under section 336 I. P. C. and sentenced him to undergo two months rigorous imprisonment and also convicted him under section 27 of the Indian Arms Act and sentenced to undergo rigorous imprisonment for one year and directed all the sentences to run concurrently. The appellant filed an appeal from the jail which is No. 689/1972 and another appeal was filed by his counsel which is No. 517/1972.

(2.) The case of the prosecution which has been substantially stated by the trial court in its judgment briefly is as follows :

(3.) In the village of Debli Rathan there was one Kishan Singh, Grand father of Gurdev Singh (P. W. 1) and Gambhirsingh (deceased) who were the sons of Nazar Singh (P. W. 2). The accused was the other son of Kishan Singh. Chak No. 17 S. T. C. belonged to Kishan Singh measuring 33 bighas. Out of this land 15 bighas of land was cultivated by Nazar Singh and his sons. Some two years prior to July, 1971, the accused raised a dispute about this land. There was a Panchayat in this behalf and it was settled that the land should be in possession of Nazar Singh. In spite of this panchayat, the accused attempted to dislodge Nazar Singh and his sons from the land. Therefore there was enmity between the accused on the one hand and Nazar Singh and his sons on the other hand. On July 19, 1971 the accused accompanied by Kashiram went to the field of Nazar Singh and attempted to cultivate the same forcibly but he could not succeed. On July 19, 1971, the accused went near the house of Nazar Singh, armed with a gun and fired shots towards the house. Harnam Singh (PW3) who was looking after the harvest of rice of Nazar Singh remonstrated and challenged him whereupon he left the place. Nazar Singh and his son Gurudevsingh went to the house of Lekh Ram (P. W. 6) Sarpanch of the village to inform about the incident. Lakh Ram was not in the house and therefore these two persons were returning back to their house at about 5 - 5.30 P. M. When they came near the Bus Stand at about 5.00 P. M. they saw accused following Gambhir Singh from behind. Soon thereafter the accused challenged Gambhirsingh, thereupon Gambhirsingh began to run towards the hospital. The accused then fired at Gambhirsingh from the gun (Art. 3) as a result of which Gambhirsingh sustained injuries and fell down and died shortly thereafter. Gurudevsingh and Nazarsingh came to the spot running and by then Lekhram (P. W.6) also came there. They found Gambhirsingh dead. Gurdevsingh went to the police station of Hanumangarh and lodged the complaint (Ex. P 1) at 7.15 P. M. on the same evening. Lalchand (P. W. 7) who was the S. H. O. registered a case against the accused. He came to the spot by about 8,30 P.M. On the spot he found empty catridge (Art. 9) and he seized the same. On the next day he arrested the accused and recovered from his possession the gun (Art. 8) and two live catridges and two empty cartridges. Dr. Roop Singh (P. W. 9) held autopsy of the dead body and found three gun shot injuries. He opined that the death was due to extensive laceration of brain and fracture of skull bones.