SURGYANI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appeal is directed against the judgment dated May 16, 1987, by which the learned Additional Sessions Judge No, 1, Bharatpur, convicted appellants Surgyani, Babu, Prabhu and Dhawat under Sections 302/149 IPC and accused Ram Singh under Section 302 I. P. C. and sentenced each of them to imprisonment for life with a fine of Rs. 1000/-, in default of payment of fine to further undergo six months rigorous imprisonment. By the same judgment, the appellants were further convicted under Sections 307, 3071 149, 147 and 148 IPC and were sentenced to different term of imprisonment. Appellants Ram Singh and Prabhu were also convicted under Sections 3/25 and 27 Arms Act and were sentenced to six months rigorous imprisonment.

(2.) The incident is alleged to have taken place at about 1 P.M. on 25.7.85 in or near the field of one Bhagwan Singh Jat, situate in Moja Karoli, Police Station Nadbai, district Bharatpur.

(3.) Briefly stated; the prosecution case is, that the field of Bhagwan Singh Jat (D.W. 1) is situate- in Moja Karoli, shown by mark V in the site plan, Ex. P/3. In the east of this field, are situate the fields and in the east of these fields is situate village Karoli as shown in Ex. P/3. In the south of Bhagwan Singhs field, is situate the Nagla (habitation) of Meenas and Jatavs as shown in Ex.P/3. The village Karoli and Nagla are on the low level, whereas the field of Bhagwan Singh is some what on higher level. In the rainy season, the rain water collects in the field of Bhagwan Singh Jat. In the east of his field. a clay wall nearly 3 in height is raised to check: the fiow of water from flowing towards the village On the day of incident, the appellants accompanied wit Siriya Jangli Kailash. Patram, Natha and Balbir who are either Meenas or Jatawas by castes went to the field of Bhagwan Singh. There were heavy rains in those days and the rain water had collected in the field of Bhagwan Singh. They had guns, Farshis and lathis with them. They started cutting the eastern embankment (clay wall) of Bhagwan Singhs field in order to divert the flow of water towards, village Karoli. Seeing this. the villagers, namely, Nahar Singh, Deep Chand, Arjun Singh, Vijay, Dhani Ram, Bhagwan Singh, John, Gangoli, Devi Ram another Deep Chand and Ratan went to the filed of Bhagwan Singh Jat in order to prevail over the appellants and their companions not to cut the embankment. They requested appellants and their associates not to cut the embankment and that annoyed the appellants. Accused Ram Singh fired his gun, which hit Gangoli on his neck and face. Gangoli fell down, Accused Babu fired his gun, which hit Vijay, Arjun, Dhani Ram and Bbagwan Singh. Accused Prabhu fired his gun, which hit John. Accused Bhabhar struck a blow of Farshi to. Nahar Singh. Gangoli, on account of the gun shot injuries fell down and became unconscious. The appellants and their companions thereafter retired and left the place. The injured including Gangoli were taken first to Nadbai hospital and thereafter to general hospital, Bharatpur. Gangoli did not survive and passed away while being taken to Nadbai. Deep Chand P.W. 1 went to Police Station Nadbai and presented a written report; Ex.P/l of the incident at about 7.15 P.M. on the same day. The Police registered a case against the 5 appellants and six other persons (11 in all) and proceeded with the investigation. The investigation was conducted by P.W. 21 Daulat Ram, A.S.I. He went to Government Dispensary, Nadbai and prepared the inquest report of the dead body of Gangoli. The postmortem examination of the dead body of Gangoli was conducted at about 8 A.M. on 26-7-1985 by P.W. 14 Dr. Jam, the then Medical Officer-in-charge, Primary Health Centre, Nadbai. He found 8 external injuries and some external injuries on the victim's dead body. All these injuries were opined to have been caused by a gun shot. The injuries were ante-mortem. The cause of death of Gangbli, according to Dr. Jam was gun shot injury to the right lung, which caused haemorhhage shock and death. The post-mortem examination report prepared by him Ex. P/19. The injuries of the other injured persons Nahar Singh, Vijay Singh, Arjun Singh, Dhani Ram, Bhagwan Singh and Johari were also examined by Dr. Jam and Dr. Chandiani, P. W. 16, the then Medical Jurist, General Hospital, Bharatpur. The injury reports issued by them are Ex. P. 16 to Ex. P. 18 and Ex. P. 20 to Ex. P. 22. The X-ray examination of the injuries of Nahar Singh, Bhagwan Singh, Johari and Dhani Ram was also made. Some fractures were detected vide reports Ex. P. 23 to Ex. P. 32 and Ex. P. 41. The blood stained cloths of the deceased and the injured persons were seized and sealed. The appellants and their companions were arrested and in consequence of the information furnished by them, two guns were recovered. The guns recovered, on examination in the forensic Science Laboratory, Rajasthan, Jaipur, were found in working order and to have been fired some time before the examination.