RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS jail appeal is directed against the judgment dated 6 -9 -1982 passed by the learned Sessions Judge, Sri Ganganagar whereby the learned Sessions Judge has convicted the accused appellant Rajendra Singh under Section 302, 1PC and sentenced him to imprisonment for life with a fine of Rs. 500/ - and in default of fine to further undergo 3 month's rigorous imprisonment.

(2.) THE brief facts giving rise to this appeal are that on 7 -9 -1981 at about 5 p.m. PW 1 Jai Ram Singh was sitting at his tea stall which is near the Nathawala Bus Stand. Deceased Tara Singh came at the tea stall of Jai Ram Singh and sat on a Bench while waiting for boarding a bus for Ganganagar. In the mean while Surjeet Singh PW 2, Malkiyatsingh PW 3 and Balwinder Singh also came there and ordered for tea. Jairam Singh started preparing tea. At that time accused appellant Rajendra Singh came from east side and went towards went. After about 4 -5 minutes he returned back and stood at Jai Ram Singh's hotel and told Tara Singh some thing Rajendra Singh took out his pistol and fired a gun shot which hit deceased Tara Singh. As a results of which he died at the scene. A First Information Report of the incident was lodged at the police station. The Police came on the scence and seized the dead body and prepared the necessary site inspection memo and site plan along with other necessary documents. Thereafter the accused was arrested and a pistol was recovered from his possession. After close of the investigation the police filed a challan in the court of Munsif Magistrate who ultimately committed the accused to the Court of Sessions.

(3.) IN the present case there are three eye -witnesses of the incident, namely, PW 1 Jai Ram Singh, PW 2 Surjeet and PW 3 Malkiyat Singh. Owe of then PW 2 Surjeet Singh and PW 3 Malkiyat Singh were declared hostile. There remains only one sole eyewitness i.e. PW 1 Jai Ram Singh. PW 1 Jai Ram Singh has deposed that on the fateful day deceased Tara Singh son of Ram Singh resident of Nathawala Chak was sitting at his tea stall. He was waiting for the bus. Thereafter three persons came in a cart and they demanded tea. Thereafter he was preparing tea for them. He also served water to these cart fellows. Thereafter, it is alleged that from the eastern side Rajendra Singh came and went away towards western side He again came after 4 to 5 minutes and stood before my shop. He deposed that he made some enquiries from Tara Singh but as the stove was burning, therefore, he could not know as to what transpired between the deceased Tarachand and accused Rajendra Singh. Thereafter, the accused pulled out pistol and fired at deceased Tara Singh. As a result of which Tarasingh fell down. He further deposed that he protested to the accused. Means while the accused started reloading his pistol and threatened him that if he mentions about the accused he will also he takes to task. The persons who came in the cart also ran away and he took rant away from that place. This witness has been cross -examined on various aspects but the testimony of this witness substantially remanded the same without being in any manner discredited. How ever the remaining two eyewitnesses, PW 7 Surjeet Singh and PW 3 Malkiyat Singh turned hostile. Therefore, there remains only the sole testimony of this witness. PW 4 Dr. Rajendra Kumar Gupta found the following injuries on the persons of the deceased: Multiple lacerated wound on the Rt. axillary region in the upper l/3rd with area of 5' x 3'; One lacerated wound of 1/2' x 1/8' x 1/2' thoracic cavity deep which inverted margins. Around it multiple small punctured wound with inverted margins of 1/1' x 1/4' size as show in the diagram. According to the Doctor these injuries were sufficient in the ordinary course of nature to cause death.