- (1.) Accused Dhanpat, Balbir, Devilal, Maniram, Udaram and Jagdish that tried by the learned Sessions Judge, Ganganagar in connection with an occurrence which took place on December 19, 1972 in village Bashir. In the course of that occurrence Bhagirath and Prithvi Khadda sustained a gun-shot wound and resultantly Prithvi Khadda (since deceased) breathed his last. The trial court extended the benefit of doubt to accused Jagdish, Maniram and Balbir and acquitted them. The accused Udaram was held guilty, and was convicted under S. 302, Indian Penal Code for causing the death of Prithvi Khadda (deceased) and sentenced to life imprisonment. He was also convicted under section 27 of the Indian Arms Act and was sentenced to two years' rigorous imprisonment. Both the sentences were ordered to run concurrent. Accused Devilal was convicted under S. 307 I P.C. and sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 1000/- in default of payment of which to further undergo rigorous imprisonment for two months. He was also convicted under section 27 of the Indian Arms Act and sentenced to rigorous imprisonment for two years. The substantive sentences of imprisonment fire ordered to run concurrently. Accused Dhanpat was convicted under section 336 Indian Penal Code and was sentenced to rigorous imprisonment for three months. He was also convicted under section 27 of the Indian Arms Act, 1959 and was sentenced to suffer rigorous imprisonment for two years. The substantive sentences of imprisonment were ordered to run concurrently.
(2.) The prosecution case, as disclosed in the first information report, Ex. P. 5, lodged by PW 2 Sheo chand at the Police Station, Sangariya at 9-30 p.m. on 19-12-1972 is that in the village Bashir there were two fractions of Jat Community, the one was known as 'Kheda sect' and the other as 'Saran sect'. They were at daggers' drawn with each other. On December 19, 1972 a Ramlila was being performed in front of the house of Moharchand. Prithvi Khadda (deceased) and PW 31 Hiraram had gone to witness the Ramlila. Accused Balbir, Udaram, Devilal and Maniram picked up a row with Prithvi Khadda (deceased) and vituperatively began to call him names. Heating the noise PW 2 Sheochand went with PW 21 Bhagirath to the scene of occurrence. They heard all the above mentioned four accused using invectives to Prithvi Khadda (deceased), while Prithvi Kbadda (deceased) was running towards his house. At that stage accused Udaram challenged Prithvi Khadda (deceased) and asked him to stop and told in a tell-tale manner that he would teach him a lesson. Prithvi Khadda (deceased) turned towards Udaram, accused, and said as to what harm he (the deceased) had done to him. Thereupon, Udaram fired a shot which hit Prithvi Khadda (deceased) on his chest as a result of which he fell down. PW 2 Sheochand, PW 31 Hiraram and PW 21 Bhagirath lifted him and carried him to the house of PW 2 Sheochand. They took him through the lane going towards the west of the house of Moharchand, and the accused went to the house of Devilal through the lane going towards the east of the house of Moharchand. By the time PW 21 Bhagirath and others had reached the outer-gate of the house of Sheochand all the four accused reached on the roof of the house of Devilal accused. Seeing PW 21 Bhagirath and Others entering the gate leading to the house of Sheochand, Balbir and Maniram instigated Devilal to fire at PW 21 Bhagirath and Others. Devilal fired a shot which hit PW 21 Bhagirath on his left thigh. Prithvi Khadda (deceased) and PW 21 Bhagirath were taken inside the house of Sheochand (PW 2) by PW 2 Sheochand and PW 31 Hiraram. Even thereafter, the accused continued abusing and firing from the roof of Devilal accused. PW 2 Sheochand managed to get a Jeep. He with the two injured : Prithvi Khadda (deceased) and PW 21 Bhagirath in the company of Bhinyaram, Kashiram, Chmnaram, PW 33 Karnail Singh proceeded to Sangariya Hospital. Prithvi Khadda (deceased) succumbed to his injuries near the railway crossing. They got Bhagirath (PW 21) admitted in the hospital at Sangariya, and PW 2 Sheochand came to the Police Station, Sangariya, and lodged an ocular first information report Ex. P. 5 at 9-30 p.m. The distance between the Police Station, and the place of occurrence is 10 miles. PW 23 Pritam Singh, Assistant Sub-Inspector of Police registered a case under sections 302 and 307 read with S. 34, Indian Penal Code against the above mentioned four accused persons. He sent two constables PW 25 Surja Ram and Chandmal to the place of occurrence. In the meantime PW 9 Dr. S. M. Seni sent letter Ex. P. 21 at the Police Station, Sangariya stating therein that two persons named Prithvi Jat and Bhagirath of Bashir were brought to the hospital with fire-arm injuries out of whom one was dead and the condition of the other, person named Bhagirath was very precarious and as such arrangements may be made for recording his dying declaration. PW 23 Pritam Singh took the Tehsildar Cum-Second Class Magistrate, Sangariya to the hospital who recorded the dying declaration Ex. P. 24 of PW 21 Bhagirath. This dying declaration was recorded at 10-40 p.m. It also bears the endorsement of PW 9 Dr. S. M. Seni. Thereafter, PW 23 Pritam Singh, Assistant Sub-Inspector of Police recorded the statement of Sheochand (PW 2) under section 161, Cr. P.C. By then the Station House Officer, Sangariya had come at the Police Statibh, and he took the investigation. He recorded the statement of PW 21 Bhagirath, and then went to village Bashir in search of the accused persons, but could not trace them out. In the morning he, in the company of the Deputy Superintendent of Police, went to the hospital, and prepared the Panchnama Ex. P. 66. The autopsy on the dead-body of Prithvi Khadda (deceased) was performed by PW 9 Dr. S. M. Seni. The post-mortem report is Ex. P. 26. He noted the following external and internal injuries on the dead-body of Prithvi Khadda (deceased) : "1. A lacerated wound with inverted edges 0 2'x 0'2' on sternum lower end, slightly on right side. No tatooing. The following internal injuries were : 1. A hole 0.2X O'15" present in the lower end sternum. 2. Right lung anterior part, right ventricle of heart show similar holes as mentioned above. 3. Right lobe of liver and upper pole of right kidney completely lacerated. 4. A lacerated wound 1 x 11/2 present on internal side of 10th right inter- space. The pellet went higher and was found lying under the skin of same interspace, from which it was recovered by dissection externally. In the abdomen stomach contained whitish fluid material, small intestines contained food material in process of digestion and gases. Large intestine contained fecal matter and gases. The cause of death in my opinion was shock, and stoppage of vital functions due to injuries on right lung, heart, liver and right kidney caused by a fire arm. The shirt which he was wearing had a hole anterior portion corresponding to injury on chest. One lead shot was recovered from the dead-body and it was sent to the police along with the post-mortem examination." PW 9 Dr. S.M Seni further opined that all the injuries were ante-mortem in nature and were sufficient to cause the death in the ordinary course of nature. All the injuries had been caused by a single fire. PW 21 Bhagirath was also clinically examined by the same doctor at 10 p.m. on December 19, 1972. He noted the following injuries on the person of PW 21 Bhagirath : 1. Lacerated wound with inverted edges with no tatooing 0-2 xO'2' on left iliac crest region anteriorly. 2. Lacerated wound with everted edges with no tatooing 0-3' x 0-3' on left hip. 3. Lacerated wound with everted edges with no tatooing 0.3x 0-3' on left hip posterior to upper injury. In the opinion of the dodtor all the injuries sustained by PW 21 Bhagirath were caused by a fire-arm. The injury report of PW 21 Bhagirath is Ex. P. 22. The same doctor clinically examined PW 17 Om Prakash on 21-12-1972. The injury report is Ex. D. 5. He noted the following injuries : 1. Lacerated wound with inverted edges with no tatooing 0-2 x 0 2" skin deep on left leg laterally middle part. 2. Lacerated wound with inverted edges with no tatooing 0-2" x 0.2 skin deep on left leg laterally 2" below the upper injury". In the opinion of the doctor the injuries were simple in nature caused by fire-arm having duration of 2 days. The Radiologist reported that there were two small alienated radio opaque metallic pellet like shadows in the soft tissues of left leg. The police party went to village Bashir, prepared site-plan Ex. P. 6. In Ex. P. 6 site plan the mark has been shown as the place where gun-shot bit the wall of the house of Balwant Singh causing damage to it. The mark 'the' has been shown as the place where the marks of six pellets entering the wall of the house of Karnail Singh were observed and noted by the Investigating Officer. Nearby, a broken piece of lead was also recovered. The mark has been shown indicating the place where the pellets had entered into the wall of the house of Mota Ram. The mark has been shown as the place from where the wads, piece of lead, the brass cap of the gun were recovered. The recovery memo is Ex, P. 69. He also prepared the Index Note Ex. P.6A. Blood-stained earth was collected from the place where PW 21 Bhagirath was alleged to have been injured. The Panchnama is Ex. P. 67. A blood-stained shoe was also recovered from the same place vide Ex. P. 68. The Investigating Officer also found near the wall one pellet and two pieces of brass which were seized vide Ex. P. 43. The lead piece is Ex. 17 and the brass pieces are Ex. 15 and Ex. 16. As there were bullet marks on the drain-pipe it was also seized vide Ex. P. 70. Thereafter, the Investigating Officer went to the place where Prithvi Khadda (deceased) was injured and from that place collected 13 wad pieces, one brass cap (Topi), and two pieces of lead. The recovery memo is Ex. P. 69. The wad pieces are Ex. 11 and brass piece is Ex. 14 and the lead pieces are Ex. 12 and Ex. 13- PW 35 Shri Sukhdeo Kumar, Additional Superintendent of Police took over the investigation of this case on January 22, 1973. By then, accused Balbir was arrested, Devi Lal, Siaram and Maniram were not traceable. He submitted the report Ex. P. 72 to the Munsiff Magistrate, Hanumangarh and obtained warrant for the arrest of Devilal, Maniram and Udaram. Upto February 20, 1973 none of the above mentioned accused persons were traced within the area of Police Station, Sangariya, Tibi and Hanumangarh. Again the investigation changed hands and it was taken up by Shri Sampat Raj Dave, Dy. Superintendent of Police and Deputy Inspector General of Police, Bikaner. Finally, the case was investigated by PW 36 Shyam Pratap Singh, Superintendent of Police, Ganganagar who took investigation of the case on May 31, 1973. He arrested PW 1 Rajaram on September 2, 1973 vide arrest memo Ex. P. 1. He also arrested accused Jagdish and Dhanpat vide arrest memos Ex. P. 76 and Ex. P. 77 respectively. On June 30, 1973 he visited the place of occurrence and got site-plan prepared by PW 3 Badrinarain. The site-plan is Ex. P 7. On September 2, 1973 another site-pian Ex. P. 8 was get prepared by PW 3 Badrinarain, Draftsman. PW 36 Shyam Pratap Singh made an application Ex. P. 81 to the Magistrate for cancellation the warrants against Devilal PW 1 Rajaram was granted pardon by the District Magistrate, Ganganagar vide Ex. P. 82. On December 20, 1973 a challan under sections 302, 307, 334, 336, 307/34 Indian Penal Code, and Section 27 of the Indian Arms Act was submitted in the Court of Munsiff Magistrate, Hanumangarh against Udaram, Maniram, Dhanpat, Jagdish and Rajaram (approver of this case) and in the opinion of PW 36 Shyam Pratap Singh as no case was made out against Devilal and Balbir, he did not submit any challan against them. Though a final report was given by the Police at the early stage of investigation in the cross-case instituted in the First Information Report dated December 12, 1972 filed by Dolat Ram, PW 36 Shyam Pratap Singh again investigated the case and filed a report dated October 13, 1973 at the Police Station, Sangariya against Chimana Ram, PW 33 Karnail Singh, Chandia, Amilal, PW 21 Bhagirath and PW 18 Bhadur under S. 336 Indian Penal Code and S. 25 and 27 of the Indian Arms Act. He opined that after the murder of Prithvi Khadda (since deceased) cross firing took place between the members of the party of the accused and the deceased as a result of which pellets got stuck into the walls of the houses of Karnail Singh (PW 33) and Motaram. Balbir was arrested but Devilal could not be apprehended.
(3.) The learned Magistrate by his order dated April 3, 1974 committed the accused Udaram, Maniram, Dhanpat, Jagdish and Balbir for trial to the Court of Sessions Judge, Sri Ganganagar. The learned Sessions Judge issued warrant of arrest against Devilal, the sixth accused, who surrendered in his Court on May 13, 1974. All the accused pleaded not guilty to the charge.;