S.S. Byas, J. - (1.) SINCE these two appeals one by accused Santa Singh and the other by the State are directed against one and the same judgment of the learned Additional Sessions Judge, Raisingnagar dated November 29, 1980, they were heard together and are disposed of by a common judgment. By the judgment aforesaid, the Sessions Judge convicted accused Santasingh under Section 302 and 307 IPC and sentenced him to imprisonment for life with a fine of Rs. 200/ - on the first count and four years rigorous imprisonment with a fine of Rs. 100/ - under the second count, and acquitted the accused Kanwarsingh Gamdoorsingh of the offence under Sections 302, 302/34, 307 & 307/34, IPC. Accused Santasingh challenges his conviction while the State challenges the acquittal of Kanwarasingh and Gamdoorsingh.
(2.) THE incident is alleged to have taken place on Sun -sink on April 10, 1979 in Chak 14 -ML Police Station, Muklawa, district Sri Ganganagar, in which Jagdishsingh and Hardeosingh, still in their teens, were gunned down and their father Nayabsingh was severally injured. Briefly stated, the prosecution case is that accused Santasingh, Kanwarsingh and Gamdoorsingh are residents of Chak 14 ML Kanwarasingh is the son of accused Santasingh. PW 1 Nayabsingh is also the resident of the same place. He had two sons Hardeosingh, aged about 18 year and Jagdish Singh, aged about 11 years. There was a dispute between the appellant and PW 1 Nayabsingh relating to water channel. Accused Santasingh had instituted a suit in that respect against Nayabsingh. It ended in a compromise. The accused Santasingh was, however, not happy with this compromise. In the afternoon of April 16, 1979, Nayabsingh and his sons Hardeo Singh & Jagdishsingh took their tractor and trolly to leave labourers at Police Station, Head. After leaving the labourers there, they all were returning in the tractor. Hardeosingh was driving the tractor. Nayabsingh was sitting on the left side of the mud -guard while Jagdish Singh was sitting was on the right side of the mud -guard. The way passes through the fields of accused Santasingh as shown in site plan Ex. P 20. When the tractor was passing through square No. 21 of accused Santasingh, the three miscreants Santasingh Kanwarasingh and Gamdoorsingh appeared from the opposite side. Gamdoorsingh was having a lathi while he remaining two had guns. Accused Santasingh fired his gun at Hardeosingh which hit him on the left chest. Accused Kanwarasingh fired his gun at Jagdish Singh which hit him on the right chest. Accused Santasingh again fired his gun at Nayabsingh (PW 1) which hit his left leg Hardeosingh could not keep control over the steering wheel of the tractor and the tractor moved a little further. The miscreants thereafter fled away towards South -East. Nayabsingh raised alarm. Hearing his cries, his wife Mst. Daleep Kanwar and many persons including Majorsingh, Sohansingh and Chhotusingh came there. Hardeosingh and Jagdish Singh were kneeling on the steering wheel of the tractor. Major Singh brought his tractor with a trolly. In the trolly, Hardeosingh, and Jagdish Singh were placed. From there, they were brought to their village where they stayed for 30/45 minutes. From there they proceeded to Government Dispensary, Codsar, where they reached at about 8.15 pm. PW 3 Dr. S.K Sharma and PW 5 Bhola Ram Sarpanch were sitting in the residential quarter of the doctor. They were called out. Dr. Sharma, on seeing Hardeosingh and Jagdish Singh, found their condition precarious. He administered necessary medicines and opined to take them to a bigger hospital for treatment. The party, from there, moved towards Raisinghnagar. The doctor and the Sarpanch also accompained them. From there, they came to Police Station, Muklawa, where they found a jeep. The injured were placed in the jeep. The Station House Officer Magan Singh (PW 9) also joined them. While they were in their way to Raisinghnagar, Hardeo Singh and Jagdish Singh succumbed to the injuries. The Station House Officer recorded the statement (Ex. PI) of Nayab Singh (PW 1) and treating it to be the First Information Report, registered a case. The investigation ensued. The S.H.O. deputed the police party to keep a watch on the site of the occurrence. He prepared the inquest report of the victims dead bodies. The post -mortem examination of the victims dead bodies was conducted at about 10.30 a.m. by PW 7 Dr. Ganga Ram Chaudhary the then Medical Officer Incharge, Primary Health Centre, Raisinghnagar. The doctor noticed the following ante -mortem injuries on the dead body of Hardeo Singh: External: An oval wound 1 c.m. x 3/4 c.m. with bruished and inverted edges situated in the sixth left inter -coastal space anteriorly just lateral to left boarder of the sternum obsicle upward and posteriorly communicating with the thorasic cavity. On dissection, a lacerated wound seen on anterior wall of right vertical of the heart measuring 1 c.m. x 3/4 c.m. On further examination, a lacerated wound measuring 1.5 c.m. x 1 c.m. seen in posterior wall of right auricle. Left thorasic cavity was full of partially clotted blood. On further examination, a shot seen in anterior part of vertebral column imbedded partially in third thorasic vertebrae -shot removed and sealed. Wound was ante -mortem in nature and caused by fire arm. Internal: Paricardium ruptured.
(3.) ACCORDING to the doctor, the cause of death was fire -arm injury causing rupture of right ventricle and right auricle of heart leading to severe haemorrhage and shock. The post -mortem report prepared by him is Ex. P 5. The doctor noticed the following ante -mortem injuries on the dead body of Jagdish Singh: External: An oval wound 3/4 c.m. x 1/2 c.m. with bruise and inverted edges situated 3.5 c.m. below the middle 3rd part of the right clevicle on anterior surface of right chest. It was directed downward medially and posteriorly communicating with the thorasic cavity. On dissection, there was a lacerated wound on upper part and anterior surface right lung and pleura covering that part of the lung, wound measured 1 c.m. x 3/4 c.m. and communicating with a lacerated wound measuring 1.25 c.m. x 1 c.m. on posterior surface of right Jung most medial part of it was near the vertebral column. Partially clotted blood seen in the wound of lung. On further dissection a hole was seen in 4th thorasic vertebra which passed obliquely from right to left side. The hole measured 1.25 c.m. x 1 c.m. on right side and 1.5 c.m. x 1.25 c.m. on left side. On further examination, muscle tissues were found ruptured in the fifth left inter -costal space and a shot found under the skin in the sixth inter -costal space. Shot removed and sealed. Internal: Thorax - -Right thorasic cavity full of clotted and unclotted blood. The cause of death, according to doctor, was fire -arm injury causing rupture of right lung, severe haemorrhage and shock. The post -mortem report prepared by him is Ex. P 6. The gun -shot injuries of both the victims were ante -mortem. The doctor also examined the injuries of Nayab Singh. One gun -shot injury was found on his right thigh. The injury report prepared by him is Ex. P 1 lead -pellet (lead buck shot) was recovered lodged in each dead body. They were removed and sealed by the doctor. The S.H.O seized and sealed the blood stained clothes of the victims and arrived on the spot on April 17, 1979. He inspected the site and prepared the site plan Ex. P 20 along with the site inspection memo Ex P 26. He found wads and wad -pieces scattered on the scene of the incident. He seized and sealed them. He seized and sealed the bloodstained soil from there. The miscreants were arrested on April 22, 1979. In consequence of the information furnished by accused Santa Singh, one empty cartridge case of 12 -Bore S.B.B.L. gun was recovered. At the time of his arrest, accused Santa Singh was having one 12 -Bore S.B.B.L. gun and one live cartridge with him. The gun and the cartridge were seized and sealed. Human blood was detected on the clothes of the deceased -victims. The 12 -bore S.B.B.L. gun recovered from the possession of accused Santa Singh was found serviceable and that it was fired, though the time of the last fire could not be determined. On the completion of investigation, the police presented appellant Santa Singh in the Court of the Munsif cum Judicial Magistrate, Raisinghnagar, who committed the case for trial to the Court of Sessions The learned Sessions Judge framed charges under Sections 302/34 and 307/34, IPC against Gamdoor Singh, under Sections 302, 302/34, and 307/34, IPC against Kanwar Singh and under Sections 302, 302/34 and 307, IPC against the appellant Santa Singh. All the accused pleaded not guilty and claimed to be tried. According to them, they have been falsely implicated. Accused Kanwar Singh stated that on the day of the alleged incident he was far away in Punjab. The remaining two denied their complicity in the commission of the crime. The case thereafter came for trial before the learned Additional Sessions Judge, Raisinghnagar. In support of its case, the prosecution examined ten witnesses and filed some documents. In defence, no evidence was adduced. On the conclusion of trial, the learned Additional Sessions Judge found no incriminating material against Kanwar Singh and Gamdoor Singh. They were, therefore, acquitted of the offence they were charged with. The Sessions Judge, however, found the prosecution case substantially true against the appellant Santa Singh. He was consequently convicted and sentenced as mentioned at the very out -set. Hence these appeals. In their respective appeals, accused Santa Singh challenges his conviction while the State challenges the acquittal of Kanwara Singh & Gamdoor Singh.;