LABH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Labh Singh, who has been convicted of the offence under Sec. 302 Penal Code and sentenced to undergo imprisonment for life alongwith a fine of Rs.100.00 and in default, to further undergo 30 days' S.I. by the learned Addl.Sessions Judge, Sri Ganganagar on 15.12.1983, has filed this appeal against the conviction & sentence.

(2.) Facts leading to this appeal are that on 3.8.1982, Prakash Chand, ASI, Police Station Kotwali, Sri Ganganagar, received a telephonic message from the Medical Jurist, Govt. Hospital, Ganganagar that the dead body of Ram Singh is lying in the mortuary of the hospital and injured Sultan Singh has been admitted in the hospital. Upon this, Prakash Chand, ASI reached at the hospital and recorded the statement of injured Sultan Singh in which he told that one 'Kotha' is located at the boundary of his 'dhani' and a dispute is going on about its possession with Kalwant Singh, Labh Singh, Baldev Singh and Nahar Singh. There is also dispute of accused Labh Singh with Ganga Ram Bawri and he is a witness in it. On account of this, they came from the court by giving evidence on the preceding day and came back in the night at 9.30 PM. His uncle Ram Singh made a cry "bachao - bachao"-. He went towards him, where he saw that Kalwant Singh, Labh Singh, Baldev Singh and Harnek Singh surrounded Ram Singh. Kalwant Singh and Baldev Singh were having pistols in their hands, Labh Singh was having 'Sela' and Harnek Singh was having 'Kasiya'. Kalwant Singh and Balwant Singh told that enemy is alone and, therefore, he be killed. Both of them fired. Labh Singh who was having 'Sela' in his hand, inflicted blow on Ram Singh in his abdomen. When he tried to rescue Ram Singh, he was surrounded by Sultan, Hukum Singh, Chetan and Sukh Ram. Sultan inflicted 'Sela' blow and Hukum Singh fired. He received injuries on his arm. Saheb Ram, Kishore Singh and Jai Singh came on the spot and on seeing them, the accused ran away. Kishore Singh and Saheb Ram took them to the hospital and Ram Singh died on the way. The incident took place near the house of Badri Ram. Upon this report, the police registered a case against the accused under sections 302, 307, 147, 148 and 149 Penal Code and Sec.27 of the Arms Act. The investigation was commenced. The recoveries of 'Sela' and 'pistols' were made. The site plan was prepared and after investigation, eight accused including the present appellant Labh Singh were chargesheeted in the court of the learned Judicial Magistrate, who committed the case to the Court of Sessions. After hearing the arguments on charge, the learned Addl.Sessions Judge framed charges against the accused Labh Singh under ss.147, 148, 149, 302, 324 and 324 read with 149 IPC. Rest of the seven accused were also chargesheeted u/ss.147, 148, 324 read with 149, 302 read with 149 and Sec.27, Arms Act. The accused pleaded not guilty and claimed trial. The prosecution examined 13 witnesses. The statements of the accused were recorded under Sec. 313 CrPC. They led no defence. Except accused appellant Labh Singh, rest of the accused were acquitted but accused Labh Singh was convicted and sentenced as above.

(3.) We have heard learned counsel for the appellant and the learned Public Prosecutor as well as the learned counsel for complainant and carefully gone through the record of the case.