GUMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Guman Singh impugns judgment dated 10.03.2017 passed by the Division Bench of the High Court of Judicature for Rajasthan at Jaipur, which confirms his conviction under Section 302 of the Indian Penal Code ("IPC", for short) for murder of Shiv Charan and under Section 307 read with Section 34 IPC for attempt to murder Babu Singh. Appellant stands sentenced under Section 302 IPC to life imprisonment and fine of Rs. 10,000/- and in default of payment of fine to serve additional rigorous imprisonment for one year and for an offence under Section 307 IPC to rigorous imprisonment of 10 years with fine of Rs. 1,000/- and in default of payment, an additional rigorous imprisonment of one year.

(2.) The conviction arises out of FIR No. 464/2009 registered on 30.08.2009 at 8.20 p.m. in Police Station Hindaun City, District- Karauli, Rajasthan and the consequent charge-sheet filed against the present appellant, i.e. Guman Singh, and Jagdish Singh, Satvir Singh and Shyam Singh. Jagdish Singh was acquitted by the Additional Sessions Judge, Hindaun City, Karauli, Rajasthan vide judgment dated 07.06.2013 and Shyam Singh and Satvir Singh have been acquitted in the impugned judgment of the High Court.

(3.) The primary issue/question raised before us relates to veracity and truthfulness of the testimonies of Tara Singh (PW-1) and Varun Singh (PW-4), son and nephew of the deceased Shiv Charan. Tara Singh (PW-1) and Varun Singh (PW-4) have deposed that they along with Shivendra Singh were on a motorcycle on their way from Hindaun to Village Banki. The deceased Shiv Charan and the injured Babu Singh were on another motorcycle a few steps ahead of them. Near Chauve ka bandh, another motorcycle with the present appellant Guman Singh and Satvir Singh s/o Ramoli and Shyam Singh s/o Ummed Singh, residents of Village Banki, appeared from behind and came parallel to the motorcycle driven by the deceased Shiv Charan. One of the riders from the third motorcycle had then fired a shot that had hit Babu Singh on his side and back. The motorcycle skidded and Shiv Charan and Babu Singh fell down. Guman Singh had then fired at the chest of Shiv Charan. Satvir Singh and Shyam Singh too had fired at Shiv Charan. Guman Singh, Satvir Singh and Shyam Singh had also fired shots at Tara Singh (PW-1) and Varun Singh (PW-4) who had managed to escape by running towards the Hindaun City to save their lives. They had, from STD booth near Chungi, informed their relatives about the occurrence. On seeing a police vehicle, they drove along with police to the place of occurrence.