SHYAM SUNDER BYAS, J. - (1.) THE appeal is directed against the judgment of the learned Additional Sessions Judge, Hanumangarh dt. May 15, 1976, by which the six appellants Jangirsingh, Jaswantsingh, Thansingh, Sadulsingh, Balbirsingh and Jagroopsingh were convicted under Sections 302, 302/149, 364, 364/149, 148 and 323 of the Penal Code and Section 27 of the Arms Act and sentenced to various terms of imprisonment, the highest being that of imprisonment for life under Section 302 or 302/149, IPC.
(2.) BRIEFLY stated, the prosecution case is that the deceased -victim Banta -singh, aged about 25 years, was the brother of PW 2 Karnelkaur and husband of PW 3 Milkiyat Kaur. They were living in village Singhpura P.S. Lakuwali district Sri Ganganagar. The appellants are also residents of the same village there arose a dispute between the deceased and the appellants over a way right in some lane. This resulted in inimical relations between them and the deceased. At about 1.30 or 2.00 p.m. on February 8, 1974, PW 2 Karnel Kaur, PW 3 Milkiyat Kaur, the deceased -victim Bantasingh, PW 5 Leelu, PW 6 Chhindasingh and PW 7 Dhandhu were working on the cane crusher of Sarwansingh Niranjan Singh, as shown in site plan Ex. P. 13. The appellants accompanied with Chandsingh, Thakursingh and Bhagwantsingh came there armed with lethal weapons. Accused Jagroopsingh had a lathi while the others had pistols and guns. They forcibly lifted Bantasingh and took him to the Kotha of accused Balbirsingh, situate nearby. Karnelkaur offered some resistence when her brother was lifted by the appellants and their companions. Accused Jagroopsingh struck a blow on her left foot. Karnelkaur and Milkiyatkaur also followed the appellants and went upto the Kotha of accused Balbirsingh. The culprits, after taking Bantasingh in the Kotha, felled him down on the floor and started firing at him. Both the ladies were not allowed to enter the Kotha. Accused Jagroopsingh and Chandasingh detained the ladies outside by catching hold of them. There was indiscriminate firing in the Kotha at Bantasingh, as a result of which he sustained multiple injuries. He became unconscious there. After some time, the appellants and their companions lifted Bantasingh and threw him outside the house of Sarwansingh Niranjansingh. Both the ladies went there and took Bautasingh to their house. After some time, PW 4 Amarjeet Singh, who is a brother of the deceased, came to the house. He was apprised of the incident. He managed a jeep and Bantasingh was taken for medical treatment to Sri Ganganagar, where he was admitted in the General Hospital. The two ladies also accompanied Bantasingh and went to Sri Ganganagar in the same jeep. The doctor on duty examined the injuries of Bantasingh. The doctor gave him medical treatment. Bantasingh, however, did not survive and passed away at about 1.00 a.m. on February 9, 1974. The doctor informed the police by letter Ex. P. 1 about the death of Bantasingh. The Station House Officer deputed Assistant Sub -Inspector Surya Prakash (PW 1) to the hospital. PW 1 Surya Prakash came to the hospital and prepared the inquest report of the victim's dead body. He also seized and sealed the blood -stained clothes of the deceased. PW 4 Amarjeetsingh went to Police Station, Lakhuwali and verbally lodged report Ex. P. 4 of the incident at about 10.00 a.m. on February 9, 1974. The police registered a case and took up the investigation. The post -mortem examination of the victim's dead body was conducted by the Medical Jurist Dr. Goyal (PW 12). He found the following injuries on the victim's dead body: External - (1) Gun shot (entry) wound 1/4' x 1/4' on the front of right elbow joint; (2) Gun shot exit wound 1/2' x 1/2' on the posterior aspect of right elbow joint; (3) Gun shot entry wound 1/4' x 1/4' on the medial aspect of left elbow; (4) Gun shot wound (exit) 1/2' x 1/2' on the lateral aspect of elbow; (5) Gun shot entry wound 1/2' x 1/4 x 2 -1/2' below the left knee; (6) Gun shot exit wound 1/2' x 1/2' on the lateral aspect of left chin; (7) Gun shot entry wound 1/4' x 1/4' on the right tibeal region anterior aspect of tibeal pro trubrance. (8) Gun shot exit wound 1/2' x 1/2' on the right caugh region; (9) Bruise/oblique in direction 8' x 4' on the posterior aspect of right elbow and upper aspect of fore -arm; (10) Bruise with multiple abrasions oblique in direction 6' x 3' on the left elbow; (11) Lacerated wound oblique in direction 1/2' x 1/8' x bone deep in the mid of left leg; (12) Lacerated wound oblique in direction 3/4' x 1/4' x bone deep on the anterior aspect of right leg; (13) Abrasion vertical in direction 1 -1/2' x 1' on the medial aspect of right thigh; (14) Bruise oblique in direction 2' x 1' at lower right rib on the back of chest; Internal - (1) Fracture of upper 3rd right fibula bone; (2) Fracture of upper end of right radious bone in multiple pieces; (3) Fracture of supra condylar of right side; (4) Fracture of left supra condylar region; (5) Fracture of upper end of left ulna bone;
(3.) THE doctor also noticed scorching and tatoooing on the entry wounds caused by the gun shots. He further found that the wounds of entry and exist were forming a track. All the injuries were ante -mortem. The doctor was of the opinion that Rantasingh had died of actue shock due to multiple fractures of bones and multiple injuries on the body and bleeding from the wounds. The injuries were stated to be sufficient in the ordinary course of nature to cause death. The post -mortem report prepared by the doctor is Ex. P. 24. The accused persons were arrested. In consequence of the information furnished by the accused -appellant Jagroop Singh, a lathi was recovered. In consequence of the information furnished by accused Balbirsingh, one pistol was recovered. Accused Thakursingh, Bhagwan Singh and Jangir Singh produced gun, rifle and pistol along with some live cartridges. The fire arms were sent for examination to the State Forensic Science Laboratory, Jaipur. On examination, two of the fire arms were found in working order while the third was found out of working order. On the completion of investigation, the police presented a challan againsi the six appellants and their companions Chandsingh, Thakur Singh and Bhagwan Singh in the Court of Munsif and Judicial Magistrate, Suratgarh, who, in his turn, committed the case for trial to the Court of Sessions Judge, Sri Ganganagar. The case was transferred for trial to the Addl. Sessions Judge, Hanumangarh. The Addl. Sessions Judge framed charges Under Section 302, 364, 342, 201 and 148, IPC and Section 27 of the Arms Act against them, to which they pleaded not guilty and claimed to be tried. The accused denied that they had abducted Bantasingh from the cane crusher or took him in a Kotha and fired shots at him. According to them, the innocent persons have been falsely implicated. In support of its case, the prosecution examined 12 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Additional Sessions Jndge found no incriminating material against accused Chand Singh, Thakur Singh and Bhagwan Singh. They were consequently acquitted. The Sessions Judge found the charges duly established against the six appellants. They were consequently convicted and sentenced. Aggrieved against their conviction, the appellants have come -up in appeal.;