KARTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide this judgment above mentioned two appeals would be disposed of, as they have arisen out of common judgment/order dated 30. 8. 1989 passed by the trial court.

(2.) Prosecution story, in brief, is that on 10. 6. 1988 at about 5:00 PM, Lalti, Kashi, Kartar Singh, Komal, Prem Singh and Gola came to the house of the complainant Soran armed with sticks, guns and pistols. Kashi and Lalti were armed with country made pistols, whereas, Kartar Singh, Prem Singh and Komal were armed with 12 bore guns. Gola was armed with a stick. Lalti said to the complainant that his daughter-in-law was taunting him with regard to his losing the election. The complainant, his son-in-law Dariyab and daughter Shursho requested Lalti not to fight, with folded hands, but the accused did not pay any heed to them. Accused started firing from their weapons. Komal fired at Dariyab from his 12 bore gun. Prem Singh fired from his 12 bore gun at Shakuntala. Kashi fired from his country made pistol at Kallo and Rajjo. Lalti fired from his country made pistol at Kusma. The complainant in order to save himself went to the roof of the house of his brother Heera Lal. Accused continued firing from their weapons. Kartar Singh fired at Heera Lal while standing on the roof of his house. As a result, Heera Lal suffered fire arm injury. Gola gave stick blows to the complainant.

(3.) After completion of investigation and necessary formalities, challan was presented against Prem Singh, Komal, Kashi, Lalti, Kartar Singh, Gola and Patmal and Biri @ Veeri.