BAKHTAWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant-Bakhtawar Singh was convicted under S. 307, IPC and sentenced to five years' rigorous imprisonment with a fine of Rs. 500/- and in default to undergo three months' rigorous imprisonment by learned Additional Sessions Judge No. 2, Hanumangarh vide his judgment dated 29-9-1983. He has assailed his conviction and sentence passed against him in this appeal.

(2.) Briefly stated, the case of the prosecution is that on 3-3-1982 at 10.30 a.m. Brij Singh came to police station Suratgarh and orally reported that at 8.30 a.m. he was coming to bus stand of Sangita. Surayan Singh and Birbal Singh met him on the way. All of them started towards bus station. When they were coming from the side of Diggi to bus stand, he saw Bakhtawar Singh and the brother-in-law of Preetam Singh coming running towards them. They had 12 bore guns in their hands. They exhorted indicating towards Surayan Singh that enemy had come and should not go back alive. Thereupon Bakhtawar Singh fired at Surayan Singh and the pellets injured the chest of Surayan Singh. Another fire was made by brother-in-law of Preetam Singh on Surayan Singh the pellets of which injured the back of Surayan Singh. Appellant-Bakhtawar Singh again fired and the pellets coming out of the barrel of the gun injured the back of Surayan Singh. Complainant and Gopi Ram also suffered injuries because of these fires. Puran Meghwal was present who saw this incident. Preetam Singh and Surayan Singh had previous enmity, therefore, this incident had taken place.

(3.) Police registered a case under S. 307, IPC and started investigation. Site was inspected and site plan Ex. P/2 was prepared. A memo describing the details of site Ex. P/2-A was also prepared. A blood smeared shirt of Birju Singh, pyjama of Gopiram and some clothes of Surayan Singh were seized. Gopi Ram was examined by medical officer who prepared injury report Ex. P/5. His injuries were X-rayed. Similarly injuries of Birju Singh were examined and the X-rays were taken. Accused-appellant was arrested on 12-3-1982. The single barrel 12 bore guns were recovered on the basis of his information vide Ex. P/24. Two empty cartridges were also recovered at the instance of this appellant. Clothes were sent for examination to the Forensic Science Laboratory. Kamiz and Jacket were found stained with human blood but blood on pyjama and koti was disintegrated and its origin could not be determined.