UDA RANI & DEVI LAL Vs. STATE OF RAJASTHAN.

JUDGEMENT

(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 Dec. 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. 1000.00 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 Dec. 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) :

(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.