STATE OF RAJASTHAN Vs. GURMEL SINGH

JUDGEMENT

(1.) This is an appeal by the State of Rajasthan under section 337(1), Cr.P.C., by leave, from original order of acquittal passed by the Sessions Judge, Ganganagar by this judgement dated August 24, 183 in favour of the respondent.

(2.) Facts leading to this appeal are that on September 12, 1982 Sukhjeet Singh, son of Gur Bachan Singh, Jat Sikh of 9 FFB, Raisinghnagar (District Ganganagar) lodged a First Information Report Ex. P. 22 at Police Station Raisinghnagar at 10 p.m. to the effect that the daughter of his maternal uncle had been married to Gurcharan Singh, son of Darbara Singh of village Thande-wala and, therefore, he alongwith his brother Manjeet Singh deceased and one Surendra Singh (resident of Rawla Head) had gone to village Thandewala to meet Darbara Singh on a motor cycle. After meeting Darbara Singh, they were returning to their Tdhani at about 8 p.m on motor cycle. Manjeet Singh was driving the motor cycle on pucca road. When they reached near the house of Gurmel Singh respondent No.1, they found that the road had been blocked by placing a cart as an obstruction. Reaching there, Manjeet Singh stopped the motor cycle and handed it over to Sukhjeet Singh. Gurmel Singh respondent No.1, and his brothers Jasmel Singh and Darshan Singh (respondents Nos. 2 and 3) and Kuldev Singh, son of Gurmel Singh were there. Manjeet asked them why they had obstructed the road by placing the cart. It was mentioned in the report that while Gurmel Singh respondent No. I had a double barrel. 12 bore gun and Jasmel Singh had a 12 bore pistol, Darshan Singh and Kuldev Singh respectively had a gandasa and a dang in their hands. These respondents thereupon abused Manjeet Singh and his associates and asked the latter as to why they had come that side. Gurmel Singh exhorted that TTthe enemies had met with great difficulty and they might not escape. Thereupon Gurmel Singh respondent No.1 fired a gun shot on the chest of Manjeet Singh as a result of which Manjeet Singh could not retain his balance. Darshan Singh and Kuldev Singh respondents Nos. 3 and 4 then exhorted that Manjeet Singh may not remain able to give any statement and therefore, more shots may be fired to him. Jasmel Singh respondent No.2 thereupon fired a shot from his pistol which shot hit Manjeet Singh on the right side of his body while he was lying. Sukhjeet Singh, after leaving the motor cycle, began to run towards the pits and at that time Gurmel Singh fired a shot which missed to hit him. However, Darshan Singh, and Kuldev Singh were able to inflict injuries on his legs. Surendra Singh managed to escape. Seeing the incident, Gurdeep Singh son of Bahadur Singh, Jat Sikh of village Thadewala, who was working on a near field, exhorted the assailants that he was coming whereupon the respondents ran away leaving Manjeet Singh. When Sukhjeet Singh came back, he saw that his brother Manjeet Singh, who was shot by Gurmel Singh and Jasmel Singh respondents had died. It was mentioned in the First Information Report that in the last Panchayat elections, Gurdev Singh, brother of Sukhjeet Singh, was a candidate. His rival contesting candidate was Daljeet Singh Sandhu. At that time Darshan Singh (respondent No. 3) opposed his brother and since then both- sides were on inimical terms. On account of this rivalary, the respondents murdered Manjeet Singh and injured Sukhjeet Singh. Had Gurdeep Singh not arrived, the first informant Sukhjeet Singh would have also been murdered.

(3.) Upon this First Information Report, the Station House Officer registered a case No. 140 under sections 302 and 307 read with section 34, I.P.C. and started the investigations. He prepared the site plan Ex. P. 1 and the inquest report Ex. P. 2. Empty cartridges were seized under the seizure memo Ex. P.4. A pellet was found near the dead body of Manjeet Singh which was also seized under Ex. P. 5. Arjun Singh P.W. 11, Circle Officer, also recovered three broken parts of 12 bore double barrel gun on the information given by Gurmel Singh respondent No. I from a field near the way going to Mandi Gajsinghpura after digging the earth one foot deep and seized it under the memo Ex. P. 37. Respondents were arrested on September 20, 1982. Pistol, gandasi and lathi were recovered by the Investigating Officer on the information respectively given by respondents Nos. 2 to 4 under seizure memo Ex. P. 40. Ex. P. 39 and Ex. P. 38 from the places pointed out by them. The gun, pistol, cartridges, cartridge cases and lead buck shots were sent to the ballistic expert who gave his report Ex. P. 41, Ex. P. 42 was the report given by the Chemical Analyst with regard to detection of blood on the clothes seized and sent to him for chemical analysis. Dr. Surendra Mohan Sharma conducted the autopsy of the dead body of Manjeet Singh and also gave injury report about the injuries sustained by Sukhjeet Singh which are Ex. P. 27 and Ex. P. 26 on the record. After necessary investigation, the police filed a charge-sheet against the respondents in the court of Judicial Magistrate Raisinghnagar who by his order dated October 16, 1982 committed the respondents for trial to the Court of Sessions.