Guman Singh vs The State Of Rajasthan

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 Criminal Appeal No. 1475 of 2017 Page 2 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.

4. However, this version as to their presence at the place of occurrence and being eye-witnesses to the firing by Guman Singh is a suspect and in grave doubt, in view of the testimony of Gulam Navi (PW-7) the Investigating Officer and SHO Police Station Hindaun City, who has deposed that on 30.08.2009 at around 5.30 p.m. information was received from an unknown person that someone had been fired upon by another near Chauve ke bandh. PW-7 on reaching the spot along with other police officials found Babu Singh lying in an injured condition. Shiv Charan had already died. One motorcycle was lying at the spot. On directions of Gulam Navi (PW-7), the deceased Shiv Charan and Babu Singh were taken to the hospital. Gulam Navi (PW-7) has not deposed Criminal Appeal No. 1475 of 2017 Page 3 and accepted presence of Tara Singh (PW-1) and Varun Singh (PW-4) at the spot at 5.30. p.m. on 30.8.2009. As per PW-7, his first meeting with Tara Singh (PW-1) was at the hospital at around 8.20 p.m., when a written complaint was given to him by Tara Singh (PW-1). Upon receipt of the written complaint, steps were taken for registration of the FIR. Similarly, Babulal Bhaskar (PW-

Criminal Appeal No. 1475 of 2017 Page 5

11. As noticed above, the charge-sheet in the present case was filed against present appellant Guman Singh and three others namely Jagdish Singh, Shyam Singh and Satvir Singh. Jagdish Singh was acquitted by the trial court and Shyam Singh and Satvir Singh have been acquitted by the impugned judgment of the Division Bench of the High Court.

12. In view of the discussion, we would accept the present appeal and set aside the conviction of Guman Singh, who should be set free forthwith unless he is required to be detained in any other case in accordance with law.

MAY 24, 2019.