State Of Rajasthan vs Arjun Singh & Ors

2) Brief facts:

After recording the said information in Rojnamcha (Ex. P31), immediately the police proceeded towards the spot and recorded Parchabayan of injured Himmat Raj Singh (Ex. P32) at about 11.40 a.m. It was stated by Himmat Raj Singh (since deceased) that at 9.30 a.m., when he was standing outside his house, Arjun Singh fired at him from a muzzle loaded gun from the roof of Karan Singh thereby 2-3 bullets hit him on the left hand and another 2-3 hit his abdomen and left thigh.

On hearing his cries, two of his brothers, namely, Raghuraj Singh (since deceased) and Raj Singh (PW-2) came there and 2 took him inside the house and after leaving him there, when they were going to inform the police at Police out-post, Anwa, Bheem Singh and Gajender Singh (who are now absconding), Banney Singh, Karan Singh and Shivraj Singh fired gunshots at them, as a result of which, both of them received injuries.

(b) The moment Raghuraj Singh and Raj Singh (PW-2) received injuries, Roop Singh, their father immediately rushed to the Police Out-post to inform the Police about the incident.

The police officials reached at the spot and on the basis of the statement of Himmat Raj Singh, a First Information Report (in short `the FIR') being No. 228/1991 was registered against the accused persons for the offences punishable under Sections 307, 147, 148 and 149 IPC. The injured persons, Raghuraj 3 Singh, Himmat Raj Singh, Dhiraj Raj Singh and Raj Singh were taken to the M.B.S. Hospital at Kota for treatment.

(c) Shri Ajay Kumar Gupta, (PW-18), Munsif and Judicial Magistrate (North), Kota recorded the statements of Himmat Raj Singh and Raj Singh (PW-2). Since Raghuraj Singh was not medically fit to make a statement, his statement was not recorded. On the same day, Raghuraj Singh died in the Hospital, therefore, offence punishable under Section 302 IPC was added. On 29.01.1992, Himmat Raj Singh also died in the Hospital. After due investigation, the police submitted four charge sheets at different stages against Arjun Singh, Banney Singh, Shivraj Singh, Bahadur Singh, Smt. Swaroop Bai, Smt. Gyan Kanwar, Smt. Bhagwan Kanwar, Karan Singh and Laxman Raigar.

(d) On 07.09.1995, the Additional Sessions Judge, Kota, after examining 30 prosecution witnesses and 8 defence witnesses convicted Karan Singh under Sections 148, 302/149, 307/149 IPC and Section 3/27 of the Arms Act, 1959, Shivraj Singh, Banney Singh and Arjun Singh under Sections 148, 302/149, 307/149 IPC and Smt. Swaroop Bai, 4 Smt. Gyan Kanwar, Smt. Bhagwan Kanwar, Laxman Raigar and Bahadur Singh under Sections 148, 302/149, 307/149 and 452 IPC and sentenced all of them to undergo rigorous imprisonment.

(f) On 26.04.2002, the High Court, by a common impugned judgment, set aside the order of conviction and sentence passed by the trial Judge against Karan Singh, Laxman Raigar, Bahadur Singh, Smt. Swaroop Bai, Smt. Gyan Kanwar and Smt. Bhagwan Kanwar and acquitted them of all the charges. As regards Arjun Singh, Banney Singh and Shivraj Singh, their conviction and sentences under Sections 302/149 5 and 307/149 IPC were altered to Sections 302/34 and 307/34 IPC.

Accused- Arjun Singh fired at Himmat Raj Singh (since deceased) from the roof of Karan Singh from a capped gun thereby few bullets hit the deceased on the left hand and another 2-3 hit his abdomen and left thigh. On hearing his cries, brothers of the deceased, Raghuraj Singh and Raj Singh (PW-2) came there and took injured Himmat Raj Singh inside their house and after leaving him there, when both of them were going to police out-post to lodge a complaint, at that time, Bheem Singh, Gajendra Singh, Banney Singh, Karan Singh and Shivraj Singh fired on them resulting in the death of Raghuraj Singh. Other accused Bahadur Singh, Laxman 7 Raigar, Smt Swaroop Bai, Smt. Gyan Kanwar and Smt Bhagwan Kanwar were also present on the roof of Karan Singh and they tried to kill other family members with deadly weapons. It is also the claim of the prosecution that the accused persons attempted on the life of Dhiraj Raj Singh - the brother of the deceased. The injured persons, namely, Raghuraj Singh, Himmat Raj Singh, Raj Singh and Dhiraj Raj Singh were taken to Kota Hospital. Raghuraj Singh died on the same day and Himmat Raj Singh died on 29.01.1992 in the hospital, however, Raj Singh survived. According to the High Court, there is complete consistency and credible evidence as far as three accused persons, namely, Arjun Singh, Banney Singh and Shivraj Singh are concerned, however, in respect of other six, there is no direct evidence and the case pleaded by the prosecution is unacceptable and acquitted them of all the charges.

2. First of all, merely because the witness is related to eye-

Ex. P32 also clearly shows that there are specific allegations of causing gun shot injuries against Shivraj Singh, Arjun Singh and Banney Singh. In the same manner, verification of Ex.

1), the said objection is liable to be rejected and participation of these three accused, namely, Arjun Singh, Banney Singh and Shivraj Singh is clearly proved through various circumstances including the evidence of PW-2.

18) The materials placed by the prosecution clearly prove the guilt against the three convicted accused, namely, Shivraj Singh, Arjun Singh and Banney Singh who were armed with guns and with their common intention they fired gun shots resulting in death of Raghuraj Singh and Himmat Raj Singh as well as causing injuries to Raj Singh (PW-2), in such circumstances, their conviction and sentence by both the courts have to be confirmed.

19) Dr. Manish Singhvi vehemently argued as to the role of the acquitted accused. As discussed in the earlier paras and on going through the evidence relating to their role and the detailed analysis by the High Court, we agree with the said conclusion and reject his arguments. For the same reasoning, the appeals filed by the son of the complainant are also liable to be dismissed.

20) In view of the above discussion and conclusion, we agree with the decision of the High Court, consequently, all the appeals are dismissed.

SEPTEMBER 2, 2011.