L.S.MEHTA, J. - (1.) SUCCINCTLY put the prosecution story is that P.W. 15 Chenia had a strip of agricultural land, measuring about 53 Bighas (Khasra No. 49), situate within the precincts of village Barri. He wanted to sell the land, The accused Jawan Singh showed curiosity to buy it for a meagre sum of Rs. 300/ -. That consideration was not acceptable to its owner, It is alleged that through the efforts of the deceased Patwari Bharu Singh and his brother Chhatar Singh (injured), who was also a Patwari, their brother -in -law Bheru Singh son of Bhur Singh Rajput, resident of Juna, Tebail Desuri, bought it for Rs. 800/ -. A registered sale -deed was executed by Chenia is favour of the buyer on March 25, 19fi6: vide Ex. P. 19| Because of this transaction accused Jawan Singh harboured ill -feeling against Bheru Singh and Chattar Singh. The accused conveyed his protest to Chenia telling him how sinister consequences would follow. Later on, Bheru Singh decasec and the accused Jawan Singh met each other in the fair of 'Mahadeoji', near Mevi village. There, the accused took a exception and told Bheru Singh how he had procured for his brother -in -law agricultural land from Chenia. Both of them exchanged hot words but because of the stepping in by Than Singh, P.W. 26, the matter stood dropped for the time being. However, the accused threw a challenge to Bheru Singh, saying that he would have to reap its fatal consequences. On June 23, 1966, Than Singh, P.W. 26 whose son had been betrothed to the deceased Bheru Singh's daughter, sent a message, through his brother -m - law, Bhanwar Singh (P.W. 24) to Bheru Singh to meet him at his residence in village Mevi. Bheru Singh and his brother Chhatar Singh told Bhanwar Singh that both of them would reach Mevi that day by noon. Bhanwar Singh then returned to Mevi and communicated to Than Singh the result of the mission. Bheru Singh and Chhatar Singh left their village Thakurii -ka -Suda for Mevi at about 10 or 11 a. m. They rode their camel. They, at first reached their well 'Bera Padav', within the boundary of village Barri. There they stayed for about half an hour. They met their brother Khuman Singh, P.W. 22, and told him that they had to see Thakur Than Singh at his residence. Thereafter they proceeded towards Mevi, travelling on the road connecting Khinwada with Mevi. After covering a little distance, they saw the accused Jawan Singh riding a camel and proceeding from his village Mataji -ka -Guda towards Bhikarn -jMd -Piou. - He took his camel inside the enclosure of the water -hut and then he got down. He was equipped with a rifle. He ascended the Verandah of the water -hut. From there he challenged Bheru Singh and Chhatar Singh that as they had managed the sale transaction of Chenia's land at favour of their brother -in -law Bheru Singh of Juna, their action would recoil. Bheru Singh and Chhatar Singh, however, continued riding their camel. Bheru Singh was seated on the front -seat and the rear seat was occupied by Chhatar Singh. They told the accused that if he was prepared to pay the cost -price of the land, he could have it. This conciliatory tone instead of cooling him down bestirred him. It resulted in adding fuel to the fire. The accused Jawan Singh aimed his gun towards Bheru Singh and pulled its trigger. The bullet first hit Bheru Singh on his chest. It pierced through and through. ' It then entered Chhatar Singh's body. Both Bhera Singh and Chhatar Singh fell down from the camel's back. Bheru Singh succumbed to the injuries instantaneously. Soon after the accused fired another shot which hit Bheru Singh's camel with a atrocious effect, The animal sustained a grievous hurt. It walked limpingly towards etha Teli's field wherein it collapsed, The appellant then came out of the Verandah. He rode his camel and retreated hurriedly towards Mataji -ka -Guda, The occurrence was witnessed by Indra Chaudhari, Doula Thori, P.W. 16 and 2 girls, namely, Mst. Panni, P. W, 17, and Mst. Chhagam, P, W. 18. On hearing the gun shot report, Khuman Singh, P.W. 22, brother of the deceased Bheru Singh, rushed to the scene of the occurrence from 'Bera Padav', situated nearby at point No. 12 in the site -plan. He saw the accused coming out of the water -hut on his camel's back and proceeding towards Mataji -ka -Guda. He also found his brother Bheru Singh lying dead and his other brother Chhatar Singh lying .injured at places marked (1) and (2) respectively in the site -plan. He asked Doula, P.W. 16, to remain near the place of the incident and he himself proceeded towards the police out -post of Khinwada. He got first information report Ex. P -17 scribed by Kundan Singh, P.W. 21, and submitted, it to Amar Singh, P.W. 30, Head Constable, Police Station, Magar Talab, who happened to be present at the police out -post, Khinvada, Amar Singh sent the report through constable Zalim Singh to the police station Magar Talab, for its registration. Amar Singh along with Head Constable Madan Singh, P.W. 9, stationed at the police out -post Khinwada, reached the place of the occurrence. He, found Bheru Singh lying dead and Chhatar Singh groaning in distress. He prepared site -description memo Ex. P -22, site -plan Ex. P -23, inquest report Ex, P -24, and the description memo of the injuries of Chhatar Singh, Ex. P -3. Later Head Constable Madan Singh took Chhatar Singh to Desuri for treatment in a jeep -car. As no medical officer was available at the Government Dispensary, Desuri, the injured was taken, to Bali hospital. Chhatar Singh's injury was examined by Dr. Rajnarain Kalla, P.W. 1, on June 23, 1966, at 5 -30 p.m. He found the following injury on his person: - Lacerated wound 1 1/2' x 1' x 1 1/2' deep at the outer end of right clavicle in supra clavicular fosse. Clavicle not fractured. Skin around the wound showed no charring. The injury was simple and was caused by a blunt weapon. Its duration was, 12 hours, The injury was the result of a gun shot, The injury report is Ex. P -36. Chhatar Singh's dying declaration was recorded' by Mr.: M. R, Dhariwal, Second Class Magistrate, Pali, on June 23, 1966, at 545 p.m. It is marked Ex. D -5. Chhatar Singh was then taken to Mahatma Gandhi Hospital, Jodhpur, where he was X -rayed. A number of opeque shadows were found on his. person. He remained; in the hospital for a couple of days. No operation was performed on his body for extracting out the pieces of bullets. Chhatar Singh was subsequently admitted as an indoor , patient to Government Hospital, Bali, on August 16, 1966. Dr. Rajnarain Kalla, P.W. 1, performed operation on Chhatar Singh's wound and took out 2 lead pieces. On August 26, 1966, One more piece of lead shot was taken out from his body. These 3 pieces were put in a phial, which was duly sealed and handed over to the police under memo Ex. Prl6, dated August 30, 1966. After some time Chhatar Singh again went to Mahatma Gandhi Hospital, Jodhpur. Dr. Kailash Narain, P.W, 32, noticed multiple metallic radio opeque shadows between his right clavicle and acromion process pf right scapula. In his opinion they were gun shot lead piece The Doctor findings are contained in Ex. P -43. He was subsequently operated upon by Dr. S. N. Gupta, P.W. 6, on September 28, 1966. He removed a foreign body (metallic one) from his right shoulder. It was found lodged in the scapula. Chhatar Singh was admitted to the hospital on September 26, 1966, and was discharged therefrom on October 6, 1966. The metallic pieces' Ex. 9 were duly sealed and' made over to the police. Originally there was only one metallic piece; but in the process of chiselling it gave way into 2 pieces.
(2.) AUTOPSY on the dead body of Bheru Singh was conducted by Dr. Rajnarain Kalla, P.W. 1, Medical Officer, Government Dispensary, Pali. Following injuries were found on the person of the deceased: - External: - 1. Circular wound of %'. diameter on the right side of chest in the mid clavicular line, ' below the right clavicle, 2' above and medial to the right nipple, IV2' from mid -sternal line in the third intercostal space. The skin round it was not found charred. 2. Irregular marginal wound 1/2'x1' on the back of the right chest, 1 1/2' below and leteral to the angle of the right sca -pula, 5 1/4'from the mid -line of the back in the 6th intercostal space area. Base of was obliquely divided down 3. Abrasion 1/2 x 1/2 on the posterior aspect left elbow clotted blood at the left angle of the mouth, Internal: - 1. Anterior chest wall right side: 1. Opening in sub -cutaneous tissues 2' x 2' and in the muscles, 3'x2' in the fourth intercostal space shows tears in the muscles (intercostal). 2. Haematoma beneath the skin in the surrounding area of the right side of the -chest. 3. Fracture of the third, fourth, fifth ribs between mid -clavicular line and ante -rioexillary line. 2. Posterior walls: - 1 Fracture of the 5th, 6th and 7th ribs in the line of angle of scapula opening in the wall oblique.3. Right lung: - Shows ruptures and tears on the ante -ro -lateral surface of the upper and the middle lobe also shows tears and ruptures of the posterior surface of the same lobes.4. Right thorasic cavity: Contained blood,5. Liver:Diaphragmatic surface of liver shows rupture projecting into the thorasic cavity through a rent with dome of diaphragm. In the opinion of the Doctor injuries, both internal and external, except injury No. 3, which, is external, were caused as a result of a single bullet shot. External injury No. 1 was entry wound. Its corresponding exit wound was injury No. 2. Injury No. 3 would be caused by a fall from the back -of a camel. The Doctor further expressed the view that as a result of the gun -shot injuries the victim must have died instantaneously. The Doctor, in the end, opined that the cause of death of Bheru Singh was syncope due to haemorrhage ; and that the ante -mortenr gnu -shot injuries, which the deceased sustained, were sufficient in the ordinary course of nature to have caused his death. Mr. Satya Narain Mathur, P.W. 5, Veterinary Assistant Surgeon, Desuri, examined Bheru Singh's camel, at 2 p.m., on June 27, 1966. He found the following injuries on its body: - 1. There was a small rounded wound in the inner side of the right fore -leg at the middle of radius ulna. 2. There was about 1' in diameter wound at the back side of the right foreleg at the middle of radius ulna. 3. Bone radius ulna was fractured at 'the distal'extremity and at the middle of the body of the bone. In the opinion of the Veterinary Doctor the cause of injury was due to gun -shot. The camel died on June 29, 1966.
(3.) THE accused Jawan Singh made good his escape after the occurrence. 'Several raids were arranged by the police at sundry places, but they all proved abortive. Eventually, Mr. T. N. Bhargava, Deputy Superintendent of Police, having received information that Jawan Singh was available somewhere near village Kot during the night of June 9 and 10, 1968, arranged a raid and found Jawan Singh sleeping near Khimla Mataji's - temple, which .was situate at a distance of some 2 miles from village Kot. He was arrested by the police. Its memo is marked Ex, P -5. While under' police custody the accused furnished information, on June 17, 1968, to the Deputy Superintendent of Police Mr. Sampat Raj, P.W, 8, that he had concealed the weapon of the offence, i.e., his rifle, beneath a pit, underneath a rock, near his field, situate within the boundary of Mevi village. In pursuance of that 'information the police recovered the gun at the instance of the accused, under memo Ex. P -14, dated June 17, 1968. The gun was identified by the prosecution witness Doula in the course of identification proceedings conducted by Mr. Laxmi Narain Mathur, Additional District Magistrate, Pali, P.W. 34. The identification proceedings were reduced to writing and the document is marked Ex. P -45. After the investigation was concluded, the police put up a challan against the accused in the court of the Civil Judge -cum -Magistrate, First Class, Pali. The Committing Court conducted preliminary inquiry in accordance with the provisions of Section 207 -A, Cr.PC, and sent the case to the court of Sessions Judge, -Pali, . for the trial of , the accused Under Sections 302, 307 and 429, I.P;C. On May 26, 1969, the accused was charged by the .trial Court under the said sections of the Indian Penal Code, to which he pleaded not guilty. In support of its case, the prosecution examined 36 witnesses and produced as many as 47 documents. In his statement, recorded Under Section 342, Cr.PC, the accused denied to have committed any offence. His plea was that the prosecution witnesses were telling deliberate lies. He denied the recovery of the rifle. He further said that he had not absconded but had gone in connection with cultivation of his land in village Lakhni, Tehsil Bhinmal. In his defence he examined 6 witnesses, including Dr. Shyam Behari -lal Mathur, D.W. 6. Eventually, the trial Court, relying upon the prosecution evidence and rejecting the defence taken by the accused, convicted the appellant and sentenced him as under: Section Sentence 1. Under Section 302, I.P.C., He has been sentenced for murdering to death and to pay a Bheru Singh fine of Rs. 101/ - 2. Under Section 307,I.P.C., He has been sentenced for causing injury to imprisonment for to Chhatar Singh life and to pay a fine of Rs. 101/ -. 3. Under Section 429, I.P.C., He has been sentenced for killing Bheru to two years' rigorous Singh's camel. imprisonment and to pay a fine of Rs. 101/ -. The substantive sentences for offences Under Sections 307 and 429, I.P.C., have been directed to run concurrently. The learned Sessions Judge, Pali, has submitted proceedings to this Court for confirmation of the death sentence in accordance with the provisions of Section 374, Cr.PC (D. B. Criminal Murder Reference No, 4 of 1970). Aggrieved by, the trial Court's On the right side of Bheru Singh's chest 2 fingers distance above the nipple there was injury of gun -shot, which had pierced through the body and emerged out from .the blade of the shoulder. This statement is corroborated by Khuman Singh, Zalim Singh and Doula. Kundan Singh, however, became hostile to the prosecution. Dr. Rajnarain. Kalla, P.W. I, was sent for by the police' officer Amar Singh through Head Constable of the police outpost Khinwada, Madan Singh, P.W. 9. The Doctor performed the autopsy on the dead body of Bheru Singh. The injuries which the Doctor noticed have already been set out above. Dr. Kalla says in his statement that excepting injury No. 3; which is external, the rest of the injuries both internal and external were the result of a single bullet -shot. External injury No. 1 was entry wound; while its corresponding exit wound was injury No. 2. The Doctor further expressed the view that the duration of the injuries was 24 hours and that the cause of Bheru Singh's death was syncope due to haemorrhage. The ante -mortem bullet injuries, the Doctor opines, were sufficient in the ordinary course of nature to have caused the death. The Doctor then states that the entry wounds had inverted margins while'the exit wounds had everted margins. ;