BHINYA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by accused Bhinya Ram is directed against the judgment of the learned Sessions Judge, Jaipur district, Jaipur, dated June 1, 1972, whereby he convicted the accused-appellant under section 302 I. P. C. and sentenced him to imprisonment for life and to pay a fine of Rs. 100.00 in default of payment of which to suffer one months further rigorous imprisonment. He was also convicted under section 25 (a) of the Indian Arms Act and sentenced to six months, rigorous imprisonment and to pay a fine of Rs. 50.00 in default of payment of which to further suffer 15 days rigorous imprisonment.

(2.) The prosecution case, as disclosed at the trial, in brief is that the accused-appellant and his sister, DW, 2 Mst. Rukma, were in the employment cf His Highness of Kishangarh, Shri Sumer Singh (since deceased). At the relevant time the accused was a student and was interested in Communist literature. He had seen a picture, named SAMAJ KO BADAL DALO which had a great impact on his head. Thereafter he used to tell his friends that rich persons were committing outrageous atrocities on poor and that he would change the society by genociding the rich and distributing their riches amongst the poor. He revealed to PW 36 Srikishan that he would start his mission by assassinating His Highness of Kishangarh. The prosecution case further is that the accused suspected some illicit intimacy between the deceased Shri Sumer Singh and his sister Mst. Rukma, which he considered as a part of barbarity administered by the rich to the poor.

(3.) On the date of the incident the accused Bhinyaram tried to contact the deceased. Ultimately he met him at the Gali of Aditya Mills Kishangarh in the morning of the date of incident. On the same evening at about 5 p. m. the deceased left his place in his Fiat Car for his Farasia farm. Soon before he left his palace PW 12 Raghunath Singh placed revolver Art 1, which was covered by a canvas cover Art. 3 in his car. Nearly at 5.30 p. m. the deceased met Jagjeet Singh and asked him to be ready for attending some marriage ceremony at the 3 residence of Sugan Chand Mehta, to be performed that day at 8.30 p. m. Thereafter he went to Phool Mahal, where Rajmata resided. He left Phool Mahal atabout 7.30 p. m. and asked PW 11 Shiv Pratap Singh to look after the marriage arrangements at the house of Sugan Chand Mehta and inform him that His Highness would be visiting that place at nearly 8 p. m. PW 43 Vishnu Dutt, a taxi driver of RJL 24, saw the deceased in fiat car near the Farasia farm. The prosecution case further is the that somewhere near Farasia farm the accused sat on the back seat of fiat car driven by His Highness Kishangarh. When the car reached the railway station Pipasia, the accused shot dead His Highness Kishangarh with a country made pistol. Thereafter he removed pistol (Art. 1) belonging to the deceased with its cover. While removing the pistol blood stain chance prints were left on the car and the accused decamped with his pistol. As a result of the shot His Highness Kishangarh. Shri Sumer Singh, met instantaneous death. The car left the main road swerving towards the left in kutcha and then it stopped. Just after that Dr. Roop Raj Purohit, Deputy Director of Medical and Health Service (P.W.8) happened to pass that side. He noticed a fiat car, at a little distance from the main road with light on. He also came to know from the passenger of a bus standing nearby that there was dead body in the car. He then went to the Police Station, Gegal. The S.H.O. Gegal Ramchander Calla P.W. 53 with constables accompanying him arrived at the scene of the incident. As the place of occurrence did not face with in the territorial jurisdiction of Gegal Police Station, the S. H. O. instructed some of the constables to guard the site and he left for Police Station, Kishangarh with Dr. Roop Raj. He informed PW 54 Ratanlal of what he had seen vide report Ex. P. 13. Dr. Purohit, Ram Chander Calla and Ratan Lal (S H. O. Kishangarh) came to the scene of the incident, inspected the side and in the torch light they recognised the dead body was that of His Highness of Kishangarh Shri Sumer Singh. The S.H.O. Ratan Lal also noticed blood stained finger prints on the outer side of the car gate and also saw stains of blood on it as also marks of smoke inside the car on the roof. Some blood was also detected in the car. He then went to Aditya Mills, Kishangarh of what he had seen. Their relalions rushed to the spot and removed the dead body to the hospital with the help of the police. A case was registered at the Police Station, Kishangarh, on 16th Feb., 1971, at 10.30 p. m. vide Ex. P. 115. P. W. 54 Ratanlal prepared a seizure memo Ex. P. 9 of the car the same day. On 17th Feb., 1971, P. W. 64 R. S. Joshi, Director, Finger Print Bureau, Rajasthan. Jaipur, accompanied by the Inspector Habibur Rehman and Photographer Suraj Narain PW 52, reached the scene of the occurrence. Soraj Narain took various photographs of the car. As the information about the side said incident had been sent to the Police Headquarters, Jaipur, a senior investigating officer Shri Kashi Prasad then took charge of the investigation. The autopsy of the dead body of Shri Sumer Singh was conducted by Dr. B. P. Gupta PW 34, who found the following external injuries on the dead body:-