S. S. BYAS, J. -
(1.)BY his judgment dated April 2, 1979 the learned Sessions Judge, Ganganagar convicted and sentenced the accused-appellants as under:- S. No. Name of the Accused Offence Sentence awarded 1. Malsingh (i) 302 IPC Imprisonment for life. (ii) 307/34 Seven years rigorous imprisonment. (iii) 27 of the Arms Act. One year's rigorous imprisonment.
(2.)GITTANSINGH (i) 302/34 IPC Imprisonment for life. (ii) 307 IPC Seven years R. I. (iii) 27 of the Arms Act. One year's R. I. The sentences were directed to run concurrently. 2. The incident is alleged to have taken place at about 9-30 A. M. on September 23, 1977 in village Thandewala P. S. Gajsinghpura district Ganganagar in which two persons viz. Prakash Singh and Jarnelsingh were gunned to death and one namely PW 1 Rajasingh was severely injured by a pistol shot.
Succinctly stated, the prosecution case is that the victims and the accused appellants are closely related inter se. The grand father of the two accused-appellants and P. W 1 Rajasingh were real brothers. The mothers of accused Malsingh and PW 1 Rajasingh are also the real sister. PW 4 Bikar Singh is the real brother of accused Gittan Singh. Accused Malsingh is the son of the real uncle of accused Gittan Singh that is to say, their fathers are also real brothers inter se. Smt. Basant Kaur is the real sister of PW 4 Bikarsingh and accused Gittansingh.
Pw 4 Bikarsingh executed an agreement Ex. P. 1 on February 21, 1977 in favour of Pw 1 Rajasingh to sell his 7-1/2 Bighas of agricultural land for a sum of Rs. 24,500/- and delivered the possession to him. Accused Gittansingh thereafter got a deed of relinquishment (Ex. 2) from Smt. Basant Kaur in his favour for two Bighas of agricultural land out of the aforesaid 7-1/2 Bighas. A day prior to the occurrence, Pw 1 Raja Singh was levelling his aforesaid 7-1/2 Bighas of agricultural land. Accused Gittan Singh and Malsingh went to him in the field and asked him to leave it. Rajasingh left the field and convened a Panchayat to resolve the dispute. The deceased victim Prakashsingh and Pw 4 Bikarsingh were also present there in the Panchayat. Prakash Singh is the real brother of Pw 1 Raja Singh. Prakash Singh and Bikar Singh asked the accused Gittan Singh to give two Bighas of land (of which he had sought the deed of relinquishment from Smt. Basant Kaur) to Rajasingh. Accused Malsingh and Gittan Singh asked for time to think over the matter and to express their view on the matter next day. In the next morning which was Sept. 23, 1977, the Panchayat again assembled at the Panchayat Bhawan. The Panchayat Bhawan is situate not far from the house of Pw 1 Rajasingh. Many persons including the accused-appellants assembled there. When the members of the Panchayat asked accused Gittan Singh, he expressed his unwillingness for any decision. The Panchayat dissolved, leaving the parties to do what they thought proper. Accused Malsingh and Gittan Singh started speaking loudly and grappled with Pw1 Rajasingh and Bikarsingh. The members of the Panchayat intervened and separated them. Pw1 Rajasingh, Pw 4 Bikarsingh, the deceased-victim Prakshsingh and others came to their house and stood outside. The accused-appellants went to their house. After 5 or 10 minutes, both the accused-appellants came with fire arms. Accused Malsingh had a 12 bore S. B. B. L. gun while accused Gittan Singh had a 12 bore pistol. Both the accused gave a lalkara Thereafter accused Malsingh fired a shot from his gun at Prakash Singh. The shot hit him on his chest and shoulder. Prakash Singh fell down. Pw 1 Rajasingh went to help his brother Prakash Singh. Accused Gittansingh fired a shot from his pistol at Rajasingh which hit him on his right hand. Accused Malsingh again fired a shot at Jarnelsingh which hit him on his abdomen and right hand. Jarnelsingh also fell down. The accused-appellants thereafter went away. Prakashsingh succumbed to the injuries then and there. Pw 1 Rajasingh went to Police Station Gajsinghpura and verbally lodged report Ex. P. 3 of the occurrence at about 10. 15 A. M. on the same day. The police registered a case and proceeded with investigation. The injured victims Jarnelsingh and Pw 1 Rajasingh were taken to General Hospital, Ganganagar for treatment. The injuries of Rajasingh were examined on that very day by Pw 6 Dr. B. M. Chaudhary, the then Medical Officer Incharge, Government Dispensary, Padampur. He found the following injuries on his person :- 1. An oval lacerated wound of entrance with slight blackening at the margins antero-posteriorly down wards 1/2x 1/2" x1-1/4" medial side of the right arm upper half. 2. Bruise with abrasion 1-1/2" x1" lateral side of the right forearm.
Injury No. 1 was caused by some fire-arm. The injury report is Ex. P. 22. On X-ray examination, two large and few small radius opague metallic shadows in the Middle l/3rd of right arm were found. The report of X-ray finding is Ex. P. 20. The injuries of Jarnelsingh were also examined on that very day at Ganganagar by PW 2 Dr. Rajendra Kumar, the than Medical Jurist. The Doctor noticed the following injuries on his person :- 1. Gun shot wound size 1/2" x3/4" x deep muscle x deep muscle 1/2" above the elbow joint on the anterior aspect of the right upper arm. 2. Gun shot wound size 1/2" x 1/2"x muscle deep just above and medial to injury No. I. 3. Gun shot wound 1/2" x1/4"x muscle deep 2-1/2" above the medial epicondyle on the medial aspect of the upper arm of the right side. 4. Gun shot wound 3/4" x 1/2" x muscle deep just above and posterior to injury No. 3. 5. Gun shot wound 1/4" x1/4" x muscle deep 3/4" below elbow joint on the anterior aspect of the right forearm. 6. Gun shot wound 3/8" x 1/4" x muscle deep below and medial to injury No. 5. 7. Gun shot wound 3/4" x 1/2" x muscle deep 5-1/2" below the right elbow joint on the posterior aspect of the forearm. 8. Gun shot wound 3/4" x 1/2" x muscle deep below and lateral to injury No. 7. 9. Gun shot wound 3/4" x 1/2" (not probed) on the posterior aspect of the elbow joint. 10. Gun shot wound 3/8 x 1/4" (not probed) just above the right iliac crest. The injuries were caused by some fire-arm. The fractures of the bones of the right arm and forearm were also detected. The post mortem examination of the deadbody of Prakashsingh was conducted on that very day by PW 6 Dr. B. M. Chaudhary. He noticed the following injuries :- 1. Lacerated wound (round) of entrance with blackening at the margins antero-posterior direction laterally \" x \" upto posterior wall of the thorax just below lower end of the sternum. Injury was grievous by fire-arm. 2. Lacerated oval wound of entrance with blackening at the margins antero-posterior direction laterally 1/3" x 1/3" upto posterior wall of the thorax between 7th and 8th rib anteriorly in the line of the right nipple. Injury was grievous by firearm. 3. Lacerated oval wound of entrance with blackening at the margins antero-posterior direction with fracture of upper end of humerous 1/3" x 1/3" x 2\ anterior side of the left shoulder joint injury was grievous by fire-arm. 4. Lacerated oval wound of entrance with blackening at the margins antero-posterior and lateral direction 1/3" x 1/3" upto wound of exit 2" below the clevical right in the line of medial 2/3 and lateral 1/3rd. Injury was grievous by firearm. 5. Lacerated irregular wound of exit 3/4" x1/2" x wound of entrance in anterior wall of the right axilla. Injury was grievous by firearm. 6. Lacerated oval wound of entrance with blackening at the margins antero-posterior direction 1/3" x1/2" upto wound of exit 1-1/2" below elbow joint right anteriorly and antero-medially. The injury was simple by firearm. 7. Lacerated irregular wound of Exit 1/2" x 1/2" x upto wound of entrance postero-medial side of the right forearm. The injury was simple by firearm. Thorax-7th and 8th ribs of right side fractured posteriorly. Pleurae covering the right lung lower lobe torn at two points. Right lung lower lobe punctured at two points. Abdomen- Liver was found ruptured. The deceased should have died within 24 hours of my examination. The cause of his death was gun shot injuries to the liver and right lung causing internal excessive haemorrhage, shock and syncope.
According to Dr. Chaudhary, the cause of death of Prakash Singh was gun shot injuries to the liver and right lung causing internal excessive haemorrhage, shock and syncope. He was further of the opinion that the injuries found on the victim's dead body were sufficient in the ordinary course of nature to cause death. The post mortem examination report issued by him is Ex. P. 23. Jarnelsingh despite operation and treatment did not survive and passed away at 12 05 P. M. on September 26, 1977 in General Hospital, Ganganagar. The autopsy of his dead body was conducted by Medical Jurist Dr. Rajendra Kumar (PW 2 ). Six pellets were recovered from the abdominal cavity and right arm. Out of which two pellets were recovered from pelvic region which were burried in right iliac bone and right sacro-iliac joint. Four pellets were recovered from the right forearm, out of which one pellet was present in the bone marrow of the right ulna bone. In the opinion of Dr. Rajendra Kumar, the cause of death of Jarnail Singh was shock as a result of haemorrhage and multiple injuries mentioned in report Ex. P. 8. The post mortem examination report issued by him is Ex. P. 10.
(3.)AS the Station House Officer was out of the headquarters, the investigation was conducted by A. S. I. Tara Chand (PW7 ). He visited the spot and prepared the inquest report of the dead body of Prakashsingh. He also collecd-ted some pellets of a cartridge lying there. The blood stained clothes of the victims were also seized and sealed. Both the accused persons were arreste-on September 25, 1977 by the Station House Officer Jai Bhagwan (PW. 8) Accused Malsingh was then having a 12-bore S. B. B. L. gun with him which was seized and sealed. In consequence of the information furnished by him, some empty cartridges were recovered. In consequence of the information furnished by accused Gittansingh, a 12-bore pistol of the empty cartridges was recovered from his house. Both the accused persons had licences for the above, fire-arms. The licences were also seized and sealed. On the death of Jarnail Singh, his inquest report was also prepared. On the completion of investigation, the police presented a challan against the accused-appellants in the Court of Munsif and Judicial Magistrate, Rajasinghnagar, who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge, Gang-angar framed charges under sections 302/34 and 307, I. P. C. and under section 27 of the Arms Act against accused Malsingh and under sections 302/34 and 307, I. P. C. and under section 27 of the Arms Act against accused Gittan Singh. Both the accused pleaded not guilty and faced the trial. According to their statements recorded under section 313, Cr. P. C. , the complainant party made an assault on them. Accused Gittan Singh some unknown persons fired the shots to save him from being further beaten. In support of its case, the prosecution examined 10 withesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found the prosecution story substantially true. He found no merit in the defence version. The charges were held proved and the accused-appellants were convicted and sentenced as mentioned at the very out-set. Hence this joint appeal by the accused-appellants.
We heared Shri M C. Bhandari, learned counsel appearing for the appellants and Sri L. S. Udawat learned Public Prosecutor for the State assisted by Shri M. L. Garg, the learned counsel for the complainant. We have also gone through the case file carefully.
There is no dispute that the death of Prakash Singh and Jarnail Singh was not natural but homicidal. According to the Doctors who conducted the post-mortem exmination of the dead bodies of these two victims, their death took place on account of gun-shot injuries. We have gone through the testimony of the Doctors and find no good or cogent reasons to distrust their opinion about the cause of death of the two victims So also, the number of injuries sustained by PW 1 Rajasingh is not open to any doubt. In fact, no argument was addressed by Mr. Bhandari to induce us to disbelieve the testimony of the Doctors.