MAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(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.

(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.