KESRA AND OTHERS Vs. STATE

JUDGEMENT

(1.) There was some longstanding dispute about land between the accused appellants Keshra and other on the one hand and Shankerlai and Sadasukh on the other side. A few years before the present incident Sadasukh and his son Devilal had been murdered and Mukhtiyarsingh and Malkiyatsingh uncle and father respectively of Paramjeet Kaur, the first informant, were being tried in connection with those murders.

(2.) On 18.7.1980 in the morning Paramjeetkaur d/o Malkiyatsingh resident of 82 L.N.P. along with her maternal grand-father Malsingh and maternal grandmother Nihalkaur as also one Tehalsingh a distant relation of Malsingh had left 82 LNP for 78 LNP in order to get a bus for Ganganagar from 78 LNP bus Stand. It is alleged that they boarded a bus for Shri Ganganagar from 7s L.N.P. and when the bus had gone a little distance from the but stand the accused persons Keshra, Om Prakash, Kiniya, Bhomla and Langaria all residents of 82 L.N.P. alongwith some 5 or 10 other persons who have not been named came on the way and got the but stopped. They were armed with fore guns and pistols and when the passengers of the bus got down these persons started tiring at Paramjeetkaur. Malsingh, Nihalkaur and Tehalsingh. Paramjeetkaur received gunshot injury on her belly and according to her Malsingh, and Nihalkaur as also Tehalsingh received gun shot injuries. The other passengers of the bus alongwith the driver and conductor ran away Tehalsingh also fled away from the spot. The accused persons are said to have followed Tehalsingh. When these persons had thus left the spot the driver and the conductor of the bus came back and took the injured Paramjitkaur, Malsingh and Nihalkaur to Ridamalsar Police out-post. There Paramjitkaur lodged a verbal report at 9 a.m., A case under sections 147 .48, la9 307 I.P.C. and under sections 25 and 27 Arms Act appeared to be made. Out and therefore the report lodged by Paramjeetkaur was sent to police station Ghan.udwali where the case under the aforesaid sections was registered.

(3.) It appears that P.W. 16 Laxmansingh S.H.O. Ghamudwali was at that time at Ganganagar in connection with some duty. On receiving message of this incident he alongwith Addl. S, P , Ganganagar reached the spot and by that time the in-charge of the police station had also reached the spot, Shri Laxmansingh found the dead body of Tehalsingh lying in Kila No. 14 of Sq no. 15 of 78 L.N.P. He got the inquest report prepared vide Ex- P-24 as also a memo Ex. 25. He also took the cash and ornaments (Murki) and safe of the deceased in his possession vide Ex.P. 27 Site was also inspected by him and certain empties and wads found lying near the spot were also taken in possession. Post mortem examination of the dead body of Tehalsingh was got conducted and thereafter the accused persons were arrested Certain recoveries are said to have been made at the instance of some of the accused persons to which reference will be made as & when necessary. After completion of the investigation challan for the aforesaid offences were filed against 12 accused persons including the present appellants. They were committed to the Court of Additional Sessions Judge, Shri Ganganagar. Charges under sections 120-B, 302 302/149, 307, 307/149, 148 I.P.C. and Sections 25 and 27 of the Arms Act were framed against Keshra, Krishna, Omprakash, Prithvi, Thanaram, Dilip and Karnailsingh whereas charges under sec 120-B.02/149.307,307/149,148 I.P.C. and Sec. 27 of the Arms Act were framed against Bhomla, Bhoopram, Ramswaroop, Hanuman and Puranram It may be stated here that initially a case was registered under sections 307 and others only but when the Superintendent of Police with Shri Laxmansingh had reached the spot and found Tehalsingh dead, the case had been converted under sections 302 and 302/149 I.P.C.