BALKAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals and revision have been filed against the judgment of learned Additional Sessions Judge, Sri Ganganagar dated September 14, 1983, conviction and sentencing the accused -appellants as under:

(2.) ON August 31, 1982 at 12.05 P.M. Harpal Singh PW 1 lodged FIR Ex. P 1 at the Police Station, Gajsinghpur (Sri Ganganagar) with the allegations, in short, that his uncle Ranveer Singh (PW 4) was allotted a plot measuring 80' x 40' situated at 19 -FF by the Sarpanch, Gram Pancbayat, Motasar Kuni at patta (Ex P 9) was issued. The accused Pragat Singh who died during the trial and who was residing in the same Chak used to threaten Ranveer Singh PW 4 that he would not allow him to construct a wall on the said plot, situated adjacent to his house. In the morning of August 31, 1982. the deceased Gurmeet s/o Ranveer Singh and mistry Gurdeep Singh were constructing a wall on the said plot. At about 10.00 A.M., the accused Pargat Singh, Sardul Singh alias Man Singh and Balkar Singh came to the said plot through the window of their house. Accused Pargat Singh was armed with a lathi, Balkar Singh has having a gun and Sardul Singh had a pistol. Pargat Singh asked Balkar Singh and Sardul Singh to do away Gurmeet Singh and Gurdeep Singh. Thereon, both of them filed their pistol and gun and seriously injured Gurmeet Singh and Gurdeep Singh. At the time of the occurrence, Harpal Singh was taking his cattle to the Chhapra. Ranveer Singh PW 4 Mohan Singh, Bheera PW 2 and Daljeet Singh were also present there. The accused persons ran away when they were challenged by them The injured were brought to the Primary Health Centre, Gajsinghpur in a tractor by them. A case under Section 302/34, IPC and Section 27, Arms Act was registered and investigation was commenced. Dr. S.C. Agarwal PW 11 attended Gurdeep Singh and Gurmeet Singh. The prosecution case further was that Dr. S.C. Agrawal asked A.S.I. Shri Pana Ram (PW 12) to get the dying declarations of the deceased recorded. A S I Shri Panaram himself recorded the dying declarations Ex. P 28 and Ex. P 29 of Gurdeep Singh and Gurmeet Singh in the presence of the doctor. On his advice, they were removed to the District Hospital, Sri Ganganagar. The Medical Jurist, Dr. Rajendra Kumar Gupta PW 6 examined the injured Gurmeet Singh. The other injured Gurdeep Singh died at 4.40 PM the same day. The dying declaration Ex.P 15 of the injured Gurmeet Singh was recorded by the Judicial Magistrate, Sri Pramod Kumar Vashisth PW 12. He could not record the dying declaration of Gurdeep Singh as he had already died by that time. The injured Gurmeet Singh died at 11.00 AM on September 1, 1982. Dr. Rajendra Kumar Gupta PW 6 conducted the post -mortem examination of their dead bodies and prepared the post -mortem reports Ex. P 17 and Ex. P 19. After completing the investigation, a challan was filed before the Munsif -Judicial Magistrate, Sri Karanpur (Sri Ganganagar) who committed them to the Sessions Judge, Sri Ganganagar. Subsequently, the case was transfered to the Additional Sessions Judge, Sri Ganganagar for trial Charges were framed under Section 302, in the alternative under Section 302 read with Section 34, IPC and also Under/Section 27, Arms Act against the accused Balkar Singh and Sardul Singh Charges under Section 120B, in the alternative under Section 302 read with Section 34 and also under Section 302 read with Section 114, IPC were framed against accused Pargat Singh. None pleaded guilty. All claimed trial.

(3.) THE accused -persons disclosed in their statements recorded under Section 313, Cr.PC that they have falsely been implicated, Patta Ex P 9 and other documents have been fabricated, the prosecution story is false, they were not arrested by the Police, they themselves surrendered before it, they did not give any information and get recovered any article and they are innocent. They did not produce any witness or document in their defence.