Decided on February 21,1984



LODHA, J. - (1.)GURUCHARAN Singh filed an oral report before the SHO, Surat Singh of Police Station Laxmangarh, District Alwar, which was registered as Cr. Case No. 23 dated 17th March, 1975, as 1 AM. According to GURUCHARAN Singh, there was enmity between him and the other group of persons, who are accused as the houses and the fields of both the parties are side by side. It was alleged that the accused persons had been doing damage everyday, and therefore, they were inimical to the informant and his persons. On 26th March, 1975, at about 5 PM, the brother-in-law of the informant, Singarasingh went out from the house for getting his 'sarson' (Mustard) weighed. He went to bow his head to Gurdwara first, and when he came out and for making water (urination) he stood, he was attacked by the accused persons by various weapons, namely, Farsi, Lathi, Pistol, Ballam, Axe etc. There upon, the informant, Tarasingh, Swaransingh, Narendrasingh, Daleep Kaur, Balwant Kaur, Surjeet Kaur, Juru-mej Kaur, Bachansingh Amriksingh and Surendrapal Kaur, who tried to save Singarasingh could not succeed and Singarasingh was killed and his dead body was lying at the spot, and injuries had also been caused to the informant and his associates also who had tried to intervene and save Singarasingh deceased, Singara Singh had received injuries on the head and chest. Ajeetsingh accused had a Pistol in his hand, which he had fired and Narendrasingh got an injury from that Pistol and his shirt had also burnt. Balbirsingh had a Farsi in his hand. Hardeepsingh had a Ballam and Mukhtiyarsingh a Farsi, Swaransingh a Tabbal, Jugendrasingh a Farsi, Joga a Lathi, Jeetsingh a Ballam, Pyara Singh a Farsi, Dilbaghsingh a Lathi, Gurdayal a Farsi and accused Bhajan Singh had a Farsi in his hand. They all gave beating with these weapons. Pyarasingh gave a Farsi blow on the teeth of the informant, GURUCHARAN Singh. He also received injuries on the left arm from Swaransingh's Tabbal. He also received injuries from accused Mukhtiyarsingh's Farsi. He was accompanied by the brother of Singarasingh, while filing the report at the police station.
(2.)THE report of the alleged incident, was reduced into writing by the SHO, Suratsingh. He found that Gurucharansingh the informant was bleeding from his lips, and injuries were present on the other parts of his body also, the details of which have been given in the note appended to the first information report. THE injuries received by Tarasingh, were also seen by the SHO and he noted them also in the note. On this basis of this report, a case under Sections 148, 149, 302, 324, 325, 326, and 323, IPC was registered.
After usual investigation, the accused persons were challaned and after committal, they were charge-sheeted by the Additional Sessions Judge, Alwar. The accused persons denied the charges levelled against them, and therefore, prosecution was asked to lead evidence in support of its case.

The prosecution examined 18 witnesses in all, they being PW 1 Gurucharansingh, PW 2 Tarasingh, PW 3 Topkhan, PW 4 Bachan Singh, PW 5 Narendrasingh, PW 6 Smt. Daleep Kaur, PW 7 Smt. Gurmej Kaur, PW 8 Smt. Balwant Kaur, PW 9 Smt. Surjeet Kaur, PW 10 Smt. Surendra Pal Kaur, PW ll Dr. DR Sharma, PW 12 Swaransingh, PW 13 Saudu Singh, PW 14 Sadu, son of Moti, PW 15 Suratsingh, PW 16 Puranchand, PW 17 Mamman, and PW 18 Dr. Deepaksingh. Then, the accused persons were also examined under Section 313, Cr. P. C, and they denied the allegations. The accused persons in their defence, examined DW 1 Shadi and DW 2 Balbirsingh.

During the course of the trial, the prosecution further produced 73 documents, and the defence also produced 21 documents in support of their case.

On the conclusion of the trial, after hearing the arguments of both the sides, the learned Additional Sessions Judge convicted and sentenced the accused persons as under Dilbagh Singh Under Section 302 to imprisonment for life. All the Remaining Accused Under Section 302/149, IPC to imprisonment for life. All the Accused Under Section 148, IPC, to two years' rigorous imprisonment each. Swaransingh & Jeetsingh Under Section 324, IPC to two years' rigorous imprisonment. All the Accused Except Dilbaghsingh & Gurdayalsingh Under Section 324/149, IPC, to two years' rigorous imprisonment. each. Swaransingh Under Section 325, IPC, to two years' rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine, to further undergo, one month's rigorous imprisonment. All the accused except Dilbagh Singh & Gurdayal Singh : Under Section 325/149, IPC, to 2 years' rigorous imprisonment and a fine of Rs. 100/- each and in default of payment of fine, each to further undergo one month's rigorous imprisonment. "

(3.)IN this appeal, Mr. Tibrewal, the learned counsel for the accused-appellants, has taken us to the entire record; read the evidence of all the witnesses and the other material oral as well as documentary evidence including the defence evidence, in order to persuade us to conclude the submissions which he made that as per the prosecution evidence, the offences that have been committed by accused Dilbagh Singh and Hardeep Singh, cannot travel beyond the purview of Section 304, IPC, and that, so far as the other accused persons are concerned, they deserve acquittal.
The learned Public Prosecutor, on the other hand, has vehemently opposed the appeal. Since Mr. Tibrewal has not challenged the basic finding regarding the death of deceased Singara Singh on account of the injuries caused by Lathi, Ballam etc. in the alleged incident, we are not required to enter into the detailed prosecution evidence about the finding of the trial court that the death of deceased Singara Singh, was homicidal, and this is further so, because, we are in agreement with the reasons given by the learned trial court on this aspect of the case. It may be mentioned here that the post-mortem report and the statement of Dr. Deepak Singh, PW 18, show that the following injuries were found on the person of deceased Singara Singh: " External Injuries1. Lacerated wound 1" x 1/2" on the left frontal region; 3" above the left eye brow. 2. One punctured wound of oval shape and size 1" x 1/2" x 2-1/2" on the left side of chest 1" below the clavicle 3" lateral to the mid line directed backward and downward. Internal Injuries. 1. Corresponding to injury No. 1. There is comunited fracture of the frontal bone to the site of injury. Membrane conjusted. There is extra dural haemorrhage, brain portion is depressed under the extra dural haemorrhage at the site of the injury 2. In corresponding to injury No. 2, blood is present on the left pleaural cavity, trachea contents blood. There is a tear on the apical low of the left lung of size 1" x 1/2" x1/2" right side of heart is full of blood left side was empty. General condition of body".

This is now to be seen as to whether the finding of the learned trial court that an offence under Section 302/149, has been committed by all the accused persons, is correct, and if not, what offences are made out against each one of them.

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