SAXENA, J. - (1.) THIS appeal has been preferred against the judgement dated 16. 7. 90 passed by the learned Additional Sessions Judge, Nagaur, whereby he convicted appellants Mod Singh and Man Singh alias Madan Singh for the offence under section 302 I. P. C. for committing the murder of Madanlal and Sita Ram respectively and sentenced each of them to life imprisonment together with a fine of Rs. 100/- and in default to further undegro one month's S. I. He further convicted the appellants for offences u/ss. 25 &' 27 Arms Act and sentenced each of them to rigorous imprisonment for one year alongwith a fine of Rs. 100/- and in default to further undergo S. I. for one month on each count and directed that their substantive sentences shall run concurrently. He, however, acquitted co-accused Shravan Singh, Hanuman Singh, Nand Singh, Onkar Singh and Bhagwan Singh of the offences u/ss. 147, 148, 302/149 and 325 read with 149 I. P. C.
(2.) THE prosecution case as disclosed during trial is that in the morning of 15. 08. 1987 the Independence Day Function was being celebrated in Government Upper Primary School, Village Loonsara. P. W. 16 Gyan Singh Rajput, Sarpanch was presiding over that function, while D. W. 5 Veer Singh was the Chief Guest. P. W. 1 Bheekham Chand Soni, the Head Master, P. W. 13 Hardeen Ram Kumhar and P. W. 15 Ramkishore Soni teachers and P. W. 14 Bhanwara Ram P. T. I. were present. About. 250-300 villagers also gathered to witness that function. At about 9 A. M. , 'slow Cycle Race' competition took place where in five villagers and students participated. It is alleged that co-accused Onkar Singh and P. W. 4 Hari Ram s/o Dala Ram remained last in the said competition and their cycles collided. THEreupon, there was exchange of hot words between them. However, P. W. 14 Bhanwara Ram, P. T. I. and others pacified them and the function continued. It is alleged that thereafter, co- accused Onkar Singh went away from there and after about 10-15 minutes, when P. W. 16 Gyan Singh was addressing the audience appellants Mod Singh and Man Singh and co-accused Shravan Singh each armed with country made pistols (Deshi Katta), co-accused Bhagwan Singh having a pistol, co- accused Onkar Singh armed with a pistol and a cycle chain and co- accused Nand Singh and Hanuman Singh having lathis came there. It is further alleged that appellants Mod Singh, Man Singh and co-accused Shravan Singh fired towards Madanlal Jat and committed his murder; that in the meanwhile, Sita Ram S/o. Dala Ram ran away towards the southern side of the School, that thereupon, the appellants and co-accused Shravan Singh ran after him, that when Sita Ram crossed the School boundary in the field of Teja Ram and looked back, the appellants and the co-accused Shravan Singh also fired towards him, that Sita Ram received gun shot injuries and fell down and that thereafter all the assailants made good their escape. THE persons, who had assembled for the function, also fled away. Injured Sita Ram was immediately taken to Govt. Hospital, Kuchera, where he was declared dead by the doctor. On that day P. W. 18 Bahadur Singh Rajput, S. H. O. , P. S. , Kuchera was attending the Independence Day Celebrations in the Govt. School, Kuchera. At about 10. 25 A. M. he heard a rumour at the bus stand, Kuchera that in the Government School, Loonsara, a fire incident had taken place. Therefore, after scribing a report in the Daily Diary Ex. P. 34, he alongwith the police party reached Government School, Loonsara, P. W. 6 Rawat Ram Jat, the father of deceased Madanlal, gave a written report to him, which was sent to P. S. , Moondwa for registration of the case, because by that time, the Gazette Notification regarding establishment of police Station at Kuchera was not published. P. W. 12 Fateh Singh, A. S. I. , P. S. , Moondwa drew a formal F. I. R. Ex. P. 32 and registered the case. Bahadur Singh, inspected the site, prepared site plan Ex. P. 2 and memo thereof Ex. P. 3. He found the dead body of Madan Lal lying on the northern side in the School Campus and an empty cartridge was also lying nearby. The place, where the dead body of Madanlal lay was drenched in blood. He also noticed blood soaked soil in the field of Teja Ram on the southern side of the boundary of the School. He prepared the memo of dead body of Madan Lal Ex. P. 4 and panch Nama Ex. P. 5. He seized and sealed the empty twelve bore cartridge vide seizure memo Ex. P. 6. He also lifted the samples of blood stained soil and the control soil and seized and sealed them in separate packets vide seizure memos Ex. P. 6, 7 & 8. P. W. 8 Ram Chandra, Head Constable, who had reached the hospital, prepared the memo of the dead body of Sita Ram Ex. P. 10 and Panchayat Nama Ex. P. 9. He seized and sealed the blood soaked pant and shirt of deceased Sita Ram and shirt and dhoti of deceased Madanlal vide seizure memos Ex. P. ll and Ex. P. 12 respectively. P. W. 21 Dr. S. N. Saran conducted the medico legal autopsies of deceased Madanlal and Sita Ram and prepared their post-mortem examination reports Ex. P. 46 and Ex. P. 47 respectively. Dr. Saran found that the shirt and dhoti of Madan Lal were blood stained; that his shirt was torn at the posterior side of his chest, on the left side. There was bleeding from nose and mouth. He noticed following injuries on the person of Madanlal: - 1. A fire-arm wound, size 1" x 1" and depth upto media stinal cavity on left posterior side of chest 8" below and medial to left shoulder joint. The margins of wound were ragged, irregular and contused. There was blackening of skin around the wound, which was 1" broad on left, upper and lower side and 1/2" broad on the right side; 2. A lacerated wound on dorsal side of left hand over left metacarpal region 3/4" x 1/2" x 1/2"; 3. A lacerated wound on left parietal region of scalp, size 1" x 1/2" x muscle deep above 1-1/2" on the left ear; 4. A lacerated wound, size 3/4" x 1/2" on dorsal aspect of the right fifth metacarpo- phalangeal joint; 5. A lacerated wound on the right side of upper lip, size 1/2" x 1/4" x muscle deep; 6. A lacerated wound on the right cheek, 1/4" x 1/4" x muscle deep. Due to the firearm wound, fifth and sixth ribs of the left side were fractured at the site of wound. The pleura and right lung were laterated. Twenty six pellets and pieces of cartridege wads were found entangled in the lung tissues. The left lung was also lacerated, size 4" x 3" and 30 bullets and pieces of cartridge wads were found entagled in the lung tissues. 28 pellets were found in the media stinal cavity, which was full of blood. The doctor also noticed a transverse fracture of the first left metacarpal and another fracture of the middle portion of the right ulna. In the opinion of the doctor, the cause of death was shock caused by haemorrhage from extensive injuries to the lungs due to gun shots.
(3.) DR. S. N. Saran found following injuries on the dead body of Sita Ram:- 1. A Fire arm wound, size 3" x 2" x 2" on right temporal region of the head. Margins were ragged and contused. Subcutaneous and deeper tissues including muscles were disrupted and an irregular hole was produced in the said region of the skull: 2. An abrasion of size 1-1/2" x 1" on the dorsal side of the right elbow: 3. An abrasion of the size 3" x 1/3" on the dorsal side of the left fore-arm 1" below the left elbow. On dissecting the dead body, the doctor found that the skull was shattered and bone pieces were intruded in the brain matter. There was fracture of the right temporal bone continuing with frontal bone 3" x 1/2", two fractures of frontal bone 1-1/2" x 1/2", 3" x 1/2" and 2" x 1/2" and a curved fracture of the right parietal bone crossing the occipital bone and reaching upto left parietal bone of size 8" long. The anterior half portion of the brain was extensively lacerated. The doctor recovered 66 pellets and three cartridge case pieces from the brain matter and muscles of left half of fore-head. The doctor opined that the cause of death was extensive laceration of brain with multiple fractures of skull bone, resulted from gun shot injuries. The doctor seized and sealed the pellets and wad pieces recovered from the bodies of deceased Madanlal and Sita Ram and handed over those to the police vide his letter dated 16. 8. 87 Ex. P. 52. ;