NICHITTARSINGH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D. B. Criminal Revision No. 406 of 1971 filed by Nichhatar Singh and Gurmeetsingh alias Meetsingh and D. B. Criminal Revision No. 238 of 1971 filed by Jugraj Singh injured and D. B. Criminal Appeal No. 264 of 1972 preferred by the State of Rajasthan arise out of one and the same judgment of the learned Sessions Judge, Shri Ganganagar dated 17.7.1971 by which Jarnail Singh, Bedasingh and Avtarsingh accused were acquitted of the offences punishable under Sections 307, 148 and 447 I.P.C. on appeal filed by them and the convictions and sentences of Nichattar Singh and Gurmeet singh alias Meetasingh under sections 307 and 447 I.P.C. were confirmed while acquitting them of the charges under section 148 I. P. C. It will not be out of place to mention that Jarnailsingh, Avtarsingh, Ajayabsingh alias Bedasingh, Nichattarsingh and Gurmeeta singh alias Meeta singh were tried by the Assistant Sessions Judge, Shri Ganganagar for the offences punishable under sections 148, 147, and 447. I P. C. and were found guilty thereof. The Assistant Sessions Judge upon conviction of the aforesaid accused persons sentenced each of them to undergo rigorous imprisonment for four years and to pay a fine of Rs. 100.00 in default of payment of fine to further suffer rigorous imprisonment for one month under section 307 I. P. C. Each of them was further sentenced to undergo rigorous imprisonment for one year under Sec. 148 I.P.C. and to suffer rigorous imprisonment for three months under section 447 I.P.C. No separate sentence was awarded to each of them under section 147 I.P.C. All the substantive sentences on each count were, however, ordered to run concurrently, Aggrieved by their convictions and sentences the above mentioned accused persons preferred an appeal in the court of Sessions Judge, Shri Ganganagar who heard the appeal and acquitted Jarnailsingh, Avatarsingh and Ajayabsingh alias Bedasingh of the charges under sections 307, 148 and 447 I.P.C. but confirmed the convictions and sentences of Nichattar singh and Gurdeosingh alias Meetasingh under sections 307 and 447 I.P.C. while acquitting both of them of the offence punishable under section 148 I.P.C. As against this judgment of the Sessions Judge Nichattar Singh and Gurmeetsingh alias Meetasingh have come up in revision to this Court. The State of Rajasthan also filed an appeal against the acquittal of Jarnailsingh, Avtar Singh and Ajayabsingh alias Bedasingh under Sections 307. 148 and 447 I. P. C. and against the acquittal of Nichattarsingh and Gurmeet Singh alias Meetasingh under section 148 I. P. C. Jugraj Singh injured also filed a revision against the acquittal of the aforesaid persons.

(2.) The prosecution case against all the accused persons was as follows:-

(3.) Jugrajsingh one of the injured persons had been in possession of some agricultural land situated in 'chak' No. 21 LNP. He had cultivated his land and sown crops of Gwar in it. There was litigation going on between him and the aforesaid accused persons in the court of Assistant Collector Ganganagar for divisions of Khatauni ('khata'). On 27.4.1969, Jugrajsingh went to his land before day dawn. He had a gun and a bag of cartridges with him at that time. After going into the field he began to set his water channel in working order. At about 9 or 10 A. M. his wife Bachankaur and his daughter Mst. Amari brought meal for him from his house. Jugrajsingh, his wife and daughter took their meal in a 'kotha' that had been constructed on his land. Thereafter Jugrajsingh again started the work of repairing his water channel. He was assisted in his work by his wife Bachankaur while his daughter was moving to and fro in his field. After a short while Gurmeetsingh alias Meetasingh and Major came there along with ploughs and bullocks and began to cultivate some portion of his land. Jugrajsingh protested against their high-handed action and asked them to go away from there as he would not allow them to uproot or destroy his Gwar Crops. Meetasingh and Major thereupon went out of the field and Jugraj singh began to repair ihe water channel. Then at about 11 A. VI. or 12 in the noon he saw Jarnailsingh, Ajaybsingh alias Beda, Nichattar singh, Gurmeet singh alias Meeta singh and Avtar accused getting down from a jeep car which was brought to halt near his field. All the accused persons except Gurmeetsingh alias Meetasingh were armed with guns while Meeta singh had a gandasa' in his hand. The accused persons trespassed into the field of Jugrajsingh and hurled abuses upon him and openly declared that he would not be spared that day Jugrajsingh asked the accused persons to go out of his field. Thereupon Jarnailsingh fired a shot from his gun at Jugrajsingh which hit the latter in his stomach, Ajaybsingh alias Beda also fired a shot at him which hit his right arm. Bachan Kaur rushed to rescue her husband but Nichattarsingh and Avtarsingh fired shots from their guns at her which injured her right leg and right mid-axillary lines. As a result of the shots both husband and wife fell down. Then Gurmeeetsingh alias Meetasingh struck a blow on the head of Jugrajsingh with his 'gandasa' and Nichattarsingh picked up the latter's gun and disappeared from there along with other accused persons. While going from the place of occurrence, the accused persons fired two more shots. This occurrence was eye-witnessed by Mst. Amra daughter of Jugraj Singh and his Brother Shivrajsingh who was standing at some distance from the field when the accused persons were making assault. Shivrajsingh met his brother Gurcharansingh and related to him the whole of the incident. Then both the brothers came to the place of occurrence and removed the injured later on in a car to Ganganagar hospital wherein they were admitted for treatment of their injuries. Shivrajsingh then went out of the hospital for search of his brother Milkayatsingh. He found Milkayatsingh at bus stand and informed him about the incident. Milkayatsingh rushed to police station Chunavat and lodged a first information report with the police the very day at about 6 P.M. Dharamsingh S.H.O. Chunavat reduced the oral report to writing and registered a criminal case on its basis under sections 148. 307 read with section 149 I.P C. The S. H. O then took up usual investigation into the matter and went to the spot on the next day. He prepared a site plan and a site inspection memo and took blood stained earth, the bag of cartridges etc. belonging to Jugrajsingh and two empty cartridges and one wad from the spot. Then he arrested the accused persons on 4.5.1969 and recovered one gun each from the possession of Jarnailsingh, Nichattarsingh and Avtarsingh vide memos and recovery marked Exs. 18, 19 and 20. After his arrest Nichattarsingh gave the S.H.O. an information on 7.5.1969 which led to the recovery of a 12 bore gun from the 'kotha' of Jugrajsingh injured which was situated in his field in Chak No. 21 LNP. The gun belonged to Jugrajsingh. The S.H.O. then sent the guns, empty cartridge-cases and the wad to Central Forensic Laboratory, Government of India, Calcutta for examination. The Assistant Director, Central Forensic cum Assistant Chemical Examiner examined the articles and sent his report Ex. P. 8. Upon examination, he came to a conclusion that the firing-pin-impressions of the test cartridge cases fired through the gun Ex. No. D. and the empty fired cartridge cases marked Exs. Nos. El and E2 were found to match and, therefore, he opined that the empty fired cartridge cases of 12 Bore 2,1/2" KF special cartridges Exs. Nos. El and E2 were fired through the 12 Bore SBBL shot gun S. No 1182 marked Exs. No D (which belonged to Jugrajsingh) and which was alleged to have been recovered from his 'kotha' in pursuance of the information given by Nichattarsingh while in the police custody. The S. H. O. then obtained the injury reports of Jugrajsingh and his wife Bachankaur who were medically examined by Dr. S.D. Godara were found as many as 7 injuries on the body of Jugrajsingh which are noted below:-