G.K. Sharma, J. - (1.) This criminal appeal has been preferred against the judgment dated 29th November, 1983, passed by the Sessions Judge, Bundi, whereby, he convicted accused-appellant Narendra Singh of offences under sections 302 & 307, IPC; and under section 27 of the Indian Arms Act; and accused-appellant Kulwant Singh under section 302/114, IPC. He passed the following sentences against each of the accused-appellant : JUDGEMENT_56_LAWS(RAJ)8_1986.html All the sentences passed against the accused-appellants by the learned Sessions Judge, were, however, ordered to run concurrently.
(2.) Succinctly narrated the facts of the case giving rise to this appeal are that on 28th May, 1982, Kashmir Singh, Balveer Singh and Nirmal Singh were going on a tractor trolly for fetching manure. Balveer Singh was driving the tractor. Nirmal Singh was sitting by his side, and Kashmir Singh was sitting in the trolly. They had come about 2-3 furlongs from Village-Bhiyan. Then they saw accused Narendra Singh driving a tractor coming from the opposite direction. In the trolly of that tractor, accused Kulwant Singh was sitting. The trolly of the tractor of the accused was full of grass. The road along which both the tractors were to cross, each other was 7'-8' in width. The trolly of the tractor of the accused had a channel to provide extra load of grass. When both the tractors came near each other, the road. which was only 7'-8' in width, could not accommodate both the tractors with the trollies. While they were crossing each other, the channel of the trolly of the tractor of the accused struck against the umbrella which was fixed on the tractor of the accused. On account of this collission, the umbrella of the tractor of the accused fell down on the ground. Both the tractors then stopped there, Kashmir Singh alighted from the tractor and came towards accused Narendra Singh who also alighted from his tractor. It is stated by the learned counsel for the accused-appellants that accused Narendra Singh was having a loaded, 12-bore gun hanging on his tractor. Balveer Singh (deceased) took that gun. Accused Narendra Singh tried to snatch away the gun from his hand. Both Narendra Singh accused and Balveer Singh (deceased) were standing at a distance of about 4 from each other. During the scuffle of snatching the gun, accidentally, the gun was fired, which hit on the chest of Balveer Singh. At that time, Kashmir Singh also arrived there and took the gun from the hand of Narendra Singh. On account of the first shot, Narendra Singh became nervous. He, after leaving the gun there, ran away from the spot. Kashmir Singh then fired the gun, but it did not hit anybody. Balveer Singh died at the spot instantaneously.
(3.) According to the prosecution, Balveer Singh arrived at the spot after the firing had taken place. He lodged a report at PS - Keshorai Patan. According to that oral report, Balveer Singh was going to Bhiyan-gaon in a tractor for fetching manure. Kashmir Singh and Nirmal Singh were also with him. At about 3 PM, 2-3 furlongs before Village Bhiyan Narendra accused shot Balveer with his gun which hit on his chest, and Balveer died at the spot. Kulwant Singh according to this report, was telling Narrendra Singh to kill Balveer Singh. According to the said report, the motive was that the accused persons wanted to take revenge of their old litigation. Narendra Singh had fired at Balveer Singh in order to kill him. Hearing the sound of firing, he came to the spot. When Narendra Singh wanted to fire for the second time, Kashmir Singh snatched away the gun from Narendra Singh. At this, Narendra Singh and Kulwant Singh ran away. The gun was with Kashmir Singh. On this report, a case under sections 302/34, IPC was registered. During the investigation, the dead body of Balveer Singh was sent for postmortem examination. According to the doctor, the death was caused due to haemorrhage and shock resulted from the injuries to lungs and the heart. After usual investigation, tire police submitted a challan against accused Narendra and Kulwant Singh. Both the accused were then committed to the court of Sessions Judge, Bundi.;