KANTA BHATNAGAR,J. - (1.) THIS appeal is directed against the judgment dated March 15/16, 1985 by which appellants Sadda Singh, Sagad Singh, Makhan Singh, Gurpal Singh and Malkiyat Singh were held guilty for forming an unlawful assembly and committing the murder of Jeet Singh. They were all sentenced to one year's rigorous imprisonment and a fine of Rs. 100/ - in default to undergo 15 days simple imprisonment each Under Section 147 IPC; five years rigorous imprisonment and a fine of Rs. 100/ -, in default to undergo 15 day's simple imprisonment each Under Section 449, IPC and imprisonment for life and a fine of Rs. 500/ -, in default to undergo two months simple imprisonment each Under Section 302 read with Section 149 IPC Appellant Malkiyat Singh was also convicted Under Section 148 IPC and Section 27 of the Arms Act and was sentence to one year's rigorous imprisonment on the first count and one year's rigorous imprisonment and a fine of Rs. 200/ -, in default to one month's simple imprisonment on the second court. All the substantive sentences were ordered to run concurrently.
(2.) BRIEFLY stated, the prosecution story is that on 15 -12 83 Bachan Singh P.W. 1 ledged an cial report at 9 a.m. before ASI, Ramjilal P.W. 9 at Police Station, Anoopgarh to the effect that in the previous evening at about 7.30 p.m., when he and Jagtar Singh (PW 2) were sitting at the house of the latter, they heard report of gun shot from the house of Makhhan Singh and heard Makhan Singh hurling abuses. He and Jagtar Singh came out of the house and stood at a little distance from the house of Makhhan Singh. Then Makhhan Singh, Maikiyat Singh, Sagad Singh, Sadda Singh and Gurpal Singh, resident of 9 LSM went to the house of Jeet Singh hurling abuses to him. They fired gun twice or thrice. Then Makhhan Singh ascended the Kotha of Jeet Singh and started breaking the roof with Kassi and cried that Jeet Singh may be burn while inside. Gurpal Singh asked Makhhan Singh to come down as the doors had been broken Then they heard report of two or three gun fires and one or two ahricksof Jeet Singh. Thereafter all the assailants came out and challenged that Jeet Singh and been done away with and if any body desires of meeting that fate, may go there. The report reduced into writing is Ex. P. 1 Nahar Singh, SHO of Police Station, Anoopgarh proceeded for investigation. He along witb Ramjilal (PW 9) went to 9 LSM at the house of Jeet Singh and inspected the site. He found the dead body of Jeet Singh lying.in his courtyard. He prepared the site plan Ex. P. 15, site inspection memo Ex - P. 16, Pancb -nama of the dead body Ex.P 17 and the inquest report Ex. P. 18. A 12 bore pistol, empty cartidges and pellets found at the site were taken in possession vide memo Ex. P. 21. The post -rnortem examination of the dead body of Jeet Singh was conducted by or Satya Ptakash -(PW 31), Meaical officer in charge, Primary Health Centre. Annoopgahs on 15 -12 -1983 at 2 p.m. the doctor noted as under : Rigor mortis started disappearing Post -mortem staining was present on the back of the body. Blood was coming out from mouth and nose. Clothes and surrounding soil was stained with blood. Injuries: (1) Lacerated wound 4 cm x 1 cm x 3 cm on left side of chin with fracture of mandible; (2) Lacerated wound 20 cm x 10 cm x 8 cm of the right side of forehead and right side of scalp Fracture of frontal and right parieal and temporal hone with brain laceration. Bones are fractured in multiple pieces; (3) Abrasion 1 cm x 1/2 cm on left ring finger. The Doctor opined that the cause of death was brain laceration. Injury No. 2 was found sufficient to cause 'death in the ordinary course of nature. The post -mortem Examination Report is Ex.P 2. On 21 -12 -1983, SHO, Nahar Singh arrested Sadda Singh vide Memo Ex. P. 23, Sagad Singh vide Memo Ex. P. 24 and Makhhan Singh vide Ex.P 25. On 27 -12 -1983, the SHO arrested Gurpat Singh vide Memo Ex.P 26. At the time of arrest, Gutpal Singh was having one Lathi with him, which the SHO took in possession through the arrest memo itseilf. On 25 -12 -1983, SHO Nahar Singh being on leave. Ramji Lai had the charge of the investigation. He interrogated Makhhan Singh and Sadda Singh. Sadda Singh furnished information Ex.P 11 for getting recovered cne 'Jai' from his residential Kotha. In pursuance of that information, one 'Jai' was recovered vide Memo Ex. P. 12. On 6 -1 -1982, Maikiyat Singh went to Police Station along with two persons and Ramjilal, AST. Arrested him vide Memo Ex.P 14 and took in possession his licensed 12 bore gun and made an endorsement in that regard in the arrest memo itself. The 'Jai' Lathi and the clothes of the deceased were sent for chemical examination. The 'Jai' and clothes were found to have stains of human blood.
(3.) UPON completion of necessary investigation, charge -sheet was filed against the appellant in the Court of Munsif and Judicial Magistrate,. Anoop Garb. The learned Magistrate committed the case to the Court of Additional Sessions Judge, Raisinghnagar. The learned Judgr chargersheeted the appellants and recorded their plea. All of them denied the charges and claimed to be tried. To substantiate its case, prosecution examined 11 Witnesses in all, In their statements Under Section 313, Cr.PC, the appellants denied the allegations levelled against them. No defence witness was examined The learned Judge placed reliance on the testimony of eye -witnesses Bachan Singh (PW 1) and Jagtar Singh (PW 5) and passed the judgment under appeal.;