RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant and one Bhoop Singh were tried on charges under Sections 302/34 IPC and Section 27 of Indian Anns Act. Accused Bhoop Singh was acquitted of all the charges but appellant Rajendra Singh was convicted of the in-charges under Section 302 IPC and Section 27 of the Indian Arms Act. He was acquitted of the charges under section 302/34 IPC. The appellant was sentenced to undergo life imprisonment will a fine of Rs. 500/- on the charge under Section 302 IPC and was sentenced to undergo rigorous imprisonment of one year on the charge under Sec. 27 of the Indian Arms Act. This conviction and sentence is appealed by appellant Rajendra Singh in this case.

(2.) Prosecution story as disclosed in the FIR is that Jug Lal (PW1) who had lodged the FIR had gone at about 6.30 in the evening on July 18, 1987 to Prithvi SinghTs dhaniT alongwith one Banwari. Prithvi Singh was not found there and reported to have gone to Bhadra. Jugal and Banwari went to the dhaniT and met Shanwal Ram (PW2) there. They waited for Prithvi Singh with the last bus but he did not arrive. Then Jug Lal (PW 1) and Shanwal Ram (PW 2) started on foot towards Karanpura in search of Prithvi Singh. When they reached T1dhani BishnoiyanT1, they found Prithvi Singh and one Pratap coming from the opposite direction at about 8.00 p.m. When they were 15-20 steps away from them, accused Rajendra Singh and Bhoop Singh were seen coming behind Prithvi Singh and Pratap. Accused Rajendra Singh accosted Prithvi Singh and he turned back, accused Rajendra Singh fired from a pistol. When Juglal (PW 1) and Shanwal Ram (PW 2) shouted at accused Rajendra, he again fired one shot and Prithvi Singh fell down. Pratap tried to catch hold of Rajendra but Rajendra threatened him also and again fired one shot. Accused Bhoop Singh and Rajendra Singh then ran away from the spot. The witnesses Juglal (PW1) and Shanwal Ram (PW 2) went near Prithvi Singh and saw his injuries and saw that he had lost consciousness. Thinking that he was alive, they stopped one jeep and put him in it and took him to the hospital where Prithvi Singh was declared dead. Juglal (PW 1) in the FIR also suggested the motive for the crime to the suspicion of the accused persons that he had called one Data Ram brother-in-law of accused Rajendra. It is also reported in the FIR that Rajendra Singh also had a pistol and he had also fired while running away.

(3.) From the FIR, it can be seen that Juglal (PW 1) had stated to have gone to Prithvi Singhs dhani alongwith on Banwari. At the dhani they met Shanwal Ram (PW 2). However, at the place of the incident only Juglal and Shanwal Ram were said to be present and there is no reference as to where Banwari, had gone. It is also clear that Pratap who had accompanied Prithvi Singh was also an eye witness and was said to have tried to intervene and was threatened by accused Rajendra Singh. The prosecution examined at the trial Juglal (PW 1) and Shanwal Ram (PW 2) alone as eye witnesses and did not examine either Banwari or Pratap. The conviction of the appellant is mainly based on the testimony of Juglal (PW 1) and Shanwal Ram (PW 2).