STATE Vs. ARJUNSINGH

JUDGEMENT

(1.) THIS is an appeal against the acquittal of Arjun Singh respondent of the offences under Sections 302/34 and 307 of the Penal Code.

(2.) THE case for the prosecution was that there was some dispute regarding certain fields between Samandar Singh and his brothers on one side, and Arjunsingh and his brothers on the other. On September 11, 1956 at about 10 A. M. Arjunsingh accompanied by his brothers Pritamsingh, Karnailsingh and Dalip Singh went to the fields armed with guns. They asked Samander Singh and his brothers to quit, claiming the fields to be theirs. Samandarsingh and his brothers not agree to vacate. The accused party threatened them, whereupon Jahangir Singh asked the accused party to fire at him. Pritamsingh fired his gun hitting Jahangir on his chest. He sat down, for a moment and then tried to run away but he could not, and, after walking a short distance, he fell down dead. It was also alleged that while Samandar Singh and his brothers were trying to escape from the fields, Arjun Singh fired his gun at them with the result that a bullet struck Samandar Singh on his neck, but he surrvived. The first information report was lodged at 12.30 A. M. with the police station, Dabra, distance from the place of occurrence being 4 miles.

(3.) PRITAMSINGH , Karnail Singh and Dalip Singh were arrested and were tried, while Arjunsingh was absconding. We are told that in that trial the Sessions Court convicted Pritamsingh of the offence under Section 302 I. P. C. and sentenced him to imprisonment for life, and his conviction and sentence were maintained by this Court. The other two were acquitted by the trial Judge and there was no appeal against the acquittal.