MAJOR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all nine persons were put up for trial before learned Addl. Sessions Judge No. 1, Hanumangarh, with regard to an incident that took place on 2. 7. 82 at 8 30 p. m. in village Chak Dhola near the street of one Mal Singh. IN this incident, Bakshish Singh alias Mithu Singh by caste Jat Sikh and resident of Chak Dhola was done to death along with his wife Smt. Jeet Kaur. Besides this, their daughter PW 1 Jeetu (also called Jeet Kaur) was also assaulted with the result that she sustained a number of injuries. Learned trial Judge, after due trial acquitted accused Sadhu Singh and Gurdayal Singh, since he was not satisfied about their participation in the occurrence. He, however, by his judgment and order dated 3. 9. 83/5. 9. 83 convicted Madan Singh, Darshan Singh Mithu Singh, Major Singh, Aatma Singh, Balwant Singh and Ukar Singh for offences under sections 148 302 read with 149 and 307 read with 149 I. P. C. On the first count, he sentenced each one of them to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- and in default, to undergo further rigorous imprisonment for six months. On the second count, each one of them was sentenced to undergo life imprisonment and to pay a fine of Rs. 3000/- each and in default to undergo rigorous imprisonment for three years, each. On the last count, each one of them was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1000/- and in default to undergo one year's rigorous imprisonment each. All the substantive sentences were ordered to run concurrently. Aggrieved, Madan Singh, Darshan Singh, Mithu Singh. Major Singh and Aatam Singh have filed D. B. Criminal Appeal No. 345/83 while Kulwant Singh and Ukar Singh have filed D. B. Criminal Appeal No. 346/83. It may here be stated that the State has not preferred any appeal against the acquittal of Sadhu Singh and Gurdayal Singh. Since both the appeals arise out of the same judgment, they have been heard together and are being disposed of by a common judgment.

(2.) IN a nutshell, the prosecution story is that deceased Bakshish Singh had some previous litigation with accused Kulwant Singh with the result that there was bad blood between the parties. Kulwant Singh had formed a gang along with other accused persons. On the fateful evening, Bakshish Singh had gone to the Mohalla of 'harijans' for engaging labour. At about 8-8-30 p. m. cries of deceased Bakshish Singh were heard from near the house of one Mal Singh. At that time, Bakshish Singh's son Baljeet Singh (PW 2) was taking bath in the house of the deceased. The wife of the deceased Basant Kaur and daughter of the deceased Jeeto (PW 1) were also at the house. When Smt. Basant Kaur and Jeeto (PW1) heard the cries of Bakshish Singh they rushed out of the house and saw the seven accused persons Madan Singh, Mithusingh, Darshan Singh, Major Singh, Balwant Singh assaulting Bakshish Singh- Mithu Singh was armed with a kripan while all others were armed with gandasas. Near the house of accused Sadhu Singh, Sadhu Singh and Gurdayal Singh were also standing. Sadhu Singh carried a gun while Gurdayal Singh carried a gandasa. They were exhorting the aforesaid seven accused persons to kill Bakshish Singh. Basant Kaur and Jeeto (PW 1) rushed to the rescue of Bakshish; on which accused Major Singh dealt a gandasa blow on the head of Smt. Basant Kaur. Aatma Singh dealt a gandasa blow on the head of Jeeto (PW 1 ). Having been thus assaulted, Smt. Basant Kaur and Jeeto (PW 1) fell down and Ukar Singh and Balwant Singh started belabouring Jeeto (PW 1) while the other accused persons, who were already assaulting Bakshish Singh, started assaulting Smt. Basant Kaur and Bakshish Singh. While this assault was going on, Baljeet Singh (PW 2) also reached the scene of occurrence and proceeded to the rescue of the victims. On this, Gur-dayal Singh and Sadhu Singh gave a 'lalkara' that if he went ahead, he would be killed. Baljeet Singh, not detered by this threat proceeded ahead, on which Sadhu Singh fired his gun at Baljeet Singh (PW 2 ). Baljeet Singh (doucked) and escaped the gun shot and started running for his life. On this, Sadhu Singh and Gurdayal Singh gave a further 'lalkara' that Baljeet Singh may be caught and may be killed. On this, rest of the seven accused persons rushed after Baljeet Singh to a distance of about 15 paondas (60' approximately ). However, Baljeet Singh could not be Caught and he rushed to the house of one Mithu Singh alias Sukhdeo Singh (PW 3) and informed him of the incident. Thereafter, he went to the house of one Kaka Singh and informed him also of the incident. Upon such information, Kaka Singh and Sukhdeo Singh (PW 3) accompanied Baljeet Singh to the scene of occurrence. Baljeet Singh and his companions were giving 'lalkaras' as they were proceeding towards the scene of occurrence presumably with a view to scare away the assailants. On this, the accused persons made good their escape, Accused Mithu Singh left his kripan and accused Major Singh left his gandasa at the spot. On reaching the spot, Baljeet Singh and his companions saw Bakshish Singh and Smt. Basant Kaur lying dead at the spot? Both of them were bleeding. Jeeto (PW 1) was also lying at the spot but she was alive and on being accested, she humbled something. Baljeet Singh requested aforesaid Kaka Singh to take Jeeto (PW 1) to his 'medi'. The mother of Kaka Singh reached the scene of occurrence in the meanwhile. Thereafter Sukhdeo Singh and Kaka Singh's mother took Jeeto (PW 1) to their house. Kaka Singh went to arrange for some transport and brought a jeep and he along with Sukhdeo Singh's mother took her to Sadul Shahar hospital. There, she was examined by Dr. Shrinath (PW 3), who found the following injuries on her person vide Ex. P23:- "1. INcised wound obliquely placed l 1/4"x 1/2 " X bone deep on left fronto parietal region (most of the parietal region ). 2. INcised wound longitudinally placed 2 1/2" X 1/4" X bone deep on left parietal region about 4 1/2" above the lip of pinna. 3. Contusion with diffused swelling 1 1/2" X 1 1/2"on dorsum of right hand on thumb side. 4. Contusion 2" X 3/4" in front of right knee joint. 5. Contusion 4" X 1/2" right infra scapular to mid auxiliary and lower 1/3rd of chestin front. 6. Contusion 2" X 1/2" back of right shoulder. 7. Contusion 2" X 1/2" back of middle and upper 1/3rd of left forearm. 8. INcised wound 1/2" X 1/6" X 1/6" upper part of pinna right ear. 9. Contusion 2" X 1-1/2" back of left shoulder. " It may be recalled that later on Jeet Kaur was x-rayed by Dr. Kailash Mark-anday (PW 4) to confirm the nature of her injuries and injury no. 5 was found to be grievous inasmuch as she had sustained fractures of 9th & 10th ribs. Rest of her injuries were simple. INjuries 1, 2 and 8 were caused by sharp object while rest of the injuries had been caused by blunt objects.

(3.) ON 11. 7. 82. accused Aatma Singh volunteered information in respect of a gandasa to Abdul Aziz. This information was recorded in memo Ex. P41 and in pursuance of this information, a gandasa is said to have been recovered at the instance and from the possession of the accused Aatma Singh vide Ex. P42. The same day i. e. on 11. 7. 82, Abdul Aziz obtained a sample of the hair from the head of accused Major Singh vide Ex. P/43. It is alleged that accused Major Singh that very day volunteered information to Abdul Aziz in respect of a gandasa and a shirt, which was recorded as Ex. P/44. In pursuance of the aforesaid information a blood stained shirt was recovered at the instance and possession of the accused Major Singh. ON 11. 7. 82 itself Abdul Aziz recorded information of accused Sadhu Singh in respect of a gun. In pursuance of such information, a 12 bore gun was recovered at the instance and from the possession of the accused Major Singh vide Ex. P/47.