MILAP CHAND JAIN,J. - (1.) THE appellant Laxman Singh, his brother Ram Singh and his mother Mst. Rampyari were tried for the offence under Sections 447, 307, 380/451 read with Sections 34 and 109, IPC by the learned Sessions Judge, Merta, who by judgment dated September 3, 1974 convicted the appellant Laxman Singh of the offence under Section 302, IPC and sentenced him to undergo rigorous imprisonment for life and to a fine of Rs. 1000/ -, in default of payment of fine to further undergo six months rigorous imprisonment. He was also convicted of the offence under Section 307, IPC and was sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs. 100/. in default of payment of fine to undergo further rigorous imprisonment for one month. He was also convicted of the offence under Section 447, IPC and was sentenced to undergo one month's simple imprisonment. All the sub -stantive sentences were ordered to run concurrently. He was acquitted of the offences under Sections 451 and 380, IPC.
(2.) THE other two accused persons were convicted of the offence under Section 447, IPC and were sentenced to one month's simple imprisonment. Both of them were acquitted of all other charges. The prosecution case, in brief, is that 20 bighas land of Khasra No. 16 situated in village Parevadi, was in the Khatedari of Shivbux(deceased) and was in his cultivatory possession. There was a dhani' in the northern portion of the field and Shivbux was residing in that Dhani along with his sons Bhagirath and Amra (both deceased), another son PW 5 Ganesh, his wife Lachhuds (PW4), daughter in -laws Smt. Dhannudi PW 2 w/o Bhagirath and Shivkuri PW 3 wife of Amra. It is alleged that on the morning of 4 -7 -1973 at about 8.30 a.m. Shivbux, Bhagirath and Amra went from their Dhani to their field, Bhagirat and Amra each took one plough with them and started ploughing the field. Shivbux was engaged himself in removing the weeds, Smt. Dhannudi Smt. Shivkuri, Smt. Lachudi and Ganesh remained at the Dhani. Smt. Dhannudi and Smt. Shivkuri were busy in grinding the corn, Smt. Lachudi was churning the curd and Ganesh was taking his break -fast. After sometime they heard hue and cry coming from the field. When they came out they saw the accused Rampyari and Ramsingh engaged in a heated conversation with Amra and Bhagirath. The accused Ramsingh was armed with a Farsi and Mst. Rampyari was armed with a Gandasi. Ramsingh had come with one camel plough. Rampyari and Ramsingh alias Rameshwar were insisting for ploughing the land and were preventing Bhagirath and Amra from ploughing the land. When this wordy wrangles and altercation was going on the accused Laxman Singh came there armed with a single barrel, 12 bore gun from towards the northern eastern corner of the field. On arrival of the accused Laxmansingh, Rampyari and Rameshwar exhorted 'MARO'. Therefore, Laxmansingh fired one gun shot a Bhagirath. He also fired second shot at Bhagirath and thereafter, two shots, each on Shivbux and Amra. Two shots were fired by Laxmansingh at Ganesh PW5 which hit him. Thereafter PW 5 Ganesh ran away. On being hit, Amra first ran towards the 'Jao' of Munna Ram. The accused Laxmansingh however, chased him and fired a second shot at him whereby, Amra fell down in the field of Munnaram. It is further alleged that the accused then went to the Dhani and rebuked the ladies and asked them to run away else he will kill them. The ladies left their house. They saw the dead -bodies of Shivbux, Bhagirath and also of Amra. Then they visited the Dhani of Chandraram (PW 1). PW 1 Chandra Ram went to Police Station, Chitawa and lodged the report (Ex.P 4) at 4.40 p.m. in which he stated that on hearing the gun shots, he went up stairs and saw the aforesaid ladies and Ganesh coming crying and they informed that Shivbux, Bhagirath were killed and Amra was fired at by Laxman Singh while he was running, whereby Amra fell down. The ladies also informed him that that Laxman Singh had gunned down Shivbux, Bhagirath and Amra and also fired shots at Ganesh. PW1 Chandraram also stated that before the shots were fired, Ramsingh and Rampyari had come to the field to plough, which was resisted by Shiv Bux, Amra and Bagirath. Thereupon Laxmansingh fired and killed Shivbux. Bhagirath and Amra, had fired at Ganesh. Some dispute regarding the field was going on between Laxmansingh and Shivbux. PW 13 Dungarmal SHO registered the case under Sections 302, 307, and 447 read with 34, IPC. At about 6.20 p.m. he reached at the spot, which was at a distance of 8 miles. He recorded the statements of Smt. Shivkuri (PW 3) and Smt. Dhannudi (PW 2). Thereafter, he visited the Dhani of Shivbux. He found the accused Laxmansingh standing inside the 'Bar' to the dhani having 12 bore gun and cartidges. The accused Laxmansingh was arrested and the gun along with the bondolier containing the cartridge was seized. A cartridge was found in the chamber of the gun (Ex. 34). the gun was packed and sealed. At the time of his arrest, abrasions were found on his buttock and calf. Thereafter, he conducted the spot investigation. He prepared the site -plan Ex.P/11 and site -inspection note Ex.P/10. Two empties were found on the spot near the dead -bodies of Shivbux and Bhagirath. One empty was got recovered by the accused from the Zoopa of Shivbux. Three more cartridges were got recovered by the accused from the field of Shivbux, after digging the pit. Autopsies on the dead -bodies were got conducted. The injured Ganesh was also medically examined. The recoveries were also affected after post -mortem examination. Ramsingh and Rampyari were also got medically examined after their arrest. After completion of the investigation, charge -sheet was presented against the accused -persons in the court of Munsif Magistrate, Nawa, who committed the case to the court of Sessions Judge, Merta for trial. The learned Sessions Judge tried all the three accused -persons The accused -persons were charged with various offences to which they pleaded not guilty and claimed to be tried.
(3.) AT the trial, the prosecution examined PW 1 Chandraram, PW 2 Smt. Dhannudi, PW 3 Smt. Shivkuri, PW4 Smt. Lachhudi, PW 5 Ganesh, PW 6 Shrikishan (Patwari), PW 7 Gangaram (Motbir), PW 8 Bhagirathram (Motbir), PW 9 Laxmanram (Motbir), PW 10 Jaikishan Constable, PW 11 Girish Ranjan Prasad, PW 12 Sheoram (eye -witness), PW 13 Dungarmal, SHO, PW 14 Harisingh, PW 15 Alamkhan (Constable), PW 16 Dr. Shailja Ratan Shukla (who conducted the autopsies), and PW 17 Dr. Bhagwati Prasad Jangid (Medical Jurist, S.K. Hospital, Sikar).;