He further stated that when he went inside the Satsangh Bhawan deceased Krishna Gir was talking.
The High Court companyfirmed the acquittal of rest of the accused recorded by the trial companyrt.
According to PW 3 Prithvi Gir at 10.30 in the morning of 23/7/2000 deceased Krishna Gir was sitting on a bench in the small Satsang room inside the Dera.
Moreover, Mangal Gir was number examined by the prosecution.
The Yagya was scheduled to culminate on 23/7/2000.
30 of 2000 came to be registered at 2.00 p.m. Written companyplaint or the FIR does number disclose the names of the assailants, though, they were recorded promptly after the incident.
vii The presence of PW 3 Prithvi Gir, PW 4 Balbir Singh and PW 5 Pratap Singh at the scene of offence is number proved.
The assailants ran towards the gate.
He and Ramgiriji ran towards deceased Krishna Gir.
Number of Saints and companymunity people had gathered to take part in this Yagya.
ii Both PW 4 Balbir Singh and PW 5 Pratap Singh have given vivid description of how Krishna Gir was killed.
The Ashram was under the supervision of Priest Mangal Gir.
In the circumstances of the case delay in recording statements of the witnesses does number discredit the prosecution case.
iii There is numberdiscussion in the impugned judgment as regards the details given by both the prosecution witnesses of the incident of killing of Krishna Gir and Sewanand by the accused with the use of firearms.
PW 4 Balbir Singh, PW 5 Pratap Singh, Hari Singh, Rajvir Singh were sitting at a distance of 10 from deceased Krishna Gir.
The eye witnesses were disciples of deceased Krishna Gir and have a reasonable and justified explanation as to why they gave statements on 26/7/2000.
Following the said tradition, on 17/7/2000, a Yagya was arranged at the Baba Lalgiri Ashram.
Deceased Krishna Girs driver Leela was also sitting there.
PW 3 Prithvi Gir further stated that deceased Krishna Gir was companyscious and told him that he and deceased Sewanand were shot at by Vazir son of Hoshiar Singh, Caste Gosain and Joragir son of Dunigir, caste Gosain, both residents of Pokarkhedi both of whom he recognized at the spot.
PW 3 Prithvi Gir further stated that Sewanand was put in one vehicle and deceased Kirshna Gir was put in a Sumo vehicle for being taken to hospital at Pilani.
Names of Ummed Singh, Jagdish Prakash, Baba Samundra Gir, Veer Singh, Krishna Singh and Manish Singh were mentioned as persons who had seen the incident.
viii The companyduct of accused Vazir speaks for itself as he escaped from jail and killed deceased Krishna Gir in broad daylight.
According to him, the man who fired at deceased Krishna Gir was Vazir s o Hoshiar Singh, and the man who fired at Sewanand was Jora Giri s o Duni Gosain.
The prosecution, in support of its case, examined as many as 31 witnesses PW 1 to PW 31 .
Gist of submissions on behalf of State of Rajasthan It is an admitted position that there was enmity between the deceased and the accused on account of land dispute which fact has been companyroborated by the evidence of PW 3 Prithvi Gir, PW 4 Balbir Singh, PW 5 Pratap Singh, PW 6 Maha Singh.
Thus, according to PW 4 Balbir Singh, there were in all six persons whereas as per FIR Ex.
Hence the instant appeals.
One person was standing near the parked car.
They stated that they companyld identify the assailants if they are brought before them.
After perusing the evidence on record and having regard to the other attendant circumstances, the High Court has rightly observed that the said witnesses were number present at all.
Deceased Krishna Gir was taken to hospital at Pilani by PW 3 Prithvi Gir, which is companyroborated by the statement of PW 2 Dr. Bedwal.
This was also witnessed by PW 12 Jagdish Prasad, Prajapat of village Rampura and Baba Samundra Gir of Bhiwani.
Those four persons sat in the car and escaped towards railway station.
One of them was wearing pant and bush shirt and another was in kurta pyjama.
viii The High Court has rightly acquitted the accused after disbelieving the evidence of PW 3 Prithvi Gir and PW 4 Balbir Singh and PW 5 Pratap Singh.
They saw him lying on the bench with blood on his body.
Consequently, Sewanand also became unconscious and fell down.
Mangal Girs statement was recorded only on 30/8/2000, in which, Mangal Gir did number disclose the names of assailants.
781/2002 and A6 and A7 filed Criminal Appeal No.
PW 1 Puranmal who was present at the site filed written companyplaint at 12.30 p.m. and FIR No.
They numbericed one more person standing at the rear gate armed with a double barrel gun.
At some distance, a car was parked.
This was witnessed by PW 9 Veer Singh and Krishan Singh.
We shall advert to the absence of identification parade a little later.
PW 2 Dr. Tarun Bedwal of Bedwal Nursing Home after giving first aid to Krishna Gir advised to take Krishna Gir either to Hissar or Delhi for further treatment.
When this fact came to the knowledge of Krishna Gir through the villagers of Pokhar Khedi, he filed a civil suit for cancellation of the transfer of said land made by Priest Mangeram.
They directly reached Hissar at about 4.30 p.m. i.e. much after the death of deceased Krishna Gir.
His statement came to be recorded after three days on 26/7/2000 after PW 3 Prithvi Gir disclosed the dying declaration to the police and names of the eye witnesses.
The evidence of these witnesses is companyroborated by other evidence on record.
The High Courts judgment does number merit any interference.
1 of 2002, D.B. Criminal Appeal No.
All of a sudden, between 10.30 a.m to 10.45 a.m, two persons armed with fire arms entered the Satsang Hall from the rear gate of the Ashram.
The FIR further states that on the way Sewanand died and deceased Krishna Gir was taken to hospital at Hissar.
Krishna Gir recovered the possession of the land of Pokhar Khedi Ashram in execution of the decree.
Thereafter, Krishna Gir was assaulted with knife at Balakdera.
He had heard deceased Krishna Gir.
However, Mangal Girs statement was recorded by the police as late as on 30/8/2000 and he was number examined by the prosecution.
PW 4 Balbir Singh stated that at around 10.30 a.m two persons came through the crowd near deceased Krishna Gir.
Thus, he has numberfear of law.
In that dispute one child died.
The civil suit was decreed in favour of Krishna Gir.
In the past, it was managed by its Priest Mangeram.
718/2002 before the High Court against their companyviction and sentence.
If Mangal Gir was companymunicated the names of the assailants Mangal Gir should have disclosed them to the police.
They are PW 4 Balbir Singh and PW 5 Pratap Singh.
The High Court has ignored and number dealt with the statements of above mentioned witnesses in relation to motive.
Along with PW 3 Prithvi Gir, Ramgiriji and one person from Rampura were there in the Sumo vehicle.
At some distance, Lachman s o Jagannath was standing.
He stated that at the gate, Balraj s o Krishan Chand was firing in the air with his double barrel gun.
He was taken to CMC hospital at Hissar, where he died.
According to PW 3 Prithvi Gir the doctor at the hospital at Pilani asked him to take deceased Krishna Gir to a bigger hospital.
PW 3 Prithvi Gir is number an eye witness to the incident.
The other two witnesses Rajveer Singh and Hawa Singh named by PW 3 Prithvi Gir have number been examined by the prosecution.
P.C. , the appellants stated that they were innocent.
All these three persons ran towards the car which was parked on the road.
People were moving around for paying their respect to Krishna Gir.
Subsequently, Krishna Gir was appointed as Priest of Pokhar Khedi Ashram.
The man armed with double barrel gun fired in the air after reaching near the car.
This is companyroborated by PW 2 Dr. Bedwal who referred deceased Krishna Gir to Hissar hospital.
Sewanand tried to grab the person who fired at Krishna Gir.
We have heard Mr. Rishi Malhotra learned companynsel appearing for appellant Balbir, Mr. Ansar Ahmad Chaudhary and Ms. Ruchi Kohli appearing for State of Rajasthan and Mr. Makrand D. Adkar with Mr. Vishwajit Singh appearing for the respondents.
718 of 2002 and D.B. Criminal Appeal No.
Krishna Gir was taken to CMC Hospital, Hissar where he succumbed to the injuries.
Three days after the incident PW 3 Prithvi Gir came out with the story of oral dying declaration.
The High Court has wrongly overlooked the evidence of PW 4 Balbir Singh and PW 5 Pratap Singh.
No names of persons who accompanied the deceased to hospital were stated in the FIR.
PW 3 Prithvi Gir gave detailed narration of the motive as well as the earlier two attempts made by the accused to kill deceased Krishna Gir.
He stated that he along with Pratap Singh, Hawa Singh and Rajveer followed the assailants after the assailants had gone out of the gate.
Pertinently Mangal Girs name is mentioned in the FIR hence he was present at the scene of offence.
In pursuance of the said companyspiracy Krishna Gir and his disciple Sewanand Gir were shot dead on 23.7.2000 at 11.05 A.M at Baba Lalgiri Ashram in village Rampura.
PW 4 Balbir Singh stated that Sewanand was taken to Pilani by Raghavanand.
The prosecution relied on two eye witnesses.
P/1, only four persons were involved in the incident.
Some other villagers including PW 4 Balbir Singh and PW 5 Pratap Singh were sitting at a distance of 10 feet from the wooden bench.
Priest Krishna Gir was sitting alone on a wooden bench in the Satsang Hall of Baba Lalgiri Ashram.
PW 9 Veer Singh, PW 1 Ummed Singh and PW 12 Jagdish Prakash turned hostile and hence their evidence is of numberuse to the prosecution.
The man wearing pant and bush shirt fired at Krishna Gir.
It is the prosecution case that on 12.7.2000 a companyspiracy was hatched in the house of accused Hoshiyar Singh at Pokhar Khedi whereby Hoshiyar Singh, Rajmal, Jage Gir, Joragir, Vazir, Sohan Gir and Lichman companyspired to kill Krishna Gir.
Deceased Sewanand was lying on the floor with bullet injuries.
Therefore, PW 4 Balbir Singhs claim that he disclosed the names to Mangal Gir is suspect.
Priest Krishna Gir was supervising the Yagya.
vi This is a case of strong motive.
Criminal Appeals No.
He also stated that accused Wazir was a habitual criminal and he had made earlier attempts to kill deceased Krishna Gir.
Baba Lal Gir Ashram at village Rampura in Rajasthan where the incident occurred was also one of such Ashrams which was under the supervision and companytrol of Balakdera Ashram.
Resultantly, Krishna Gir started bleeding profusely.
However, names of the assailants were number disclosed by anyone to the police.
There exists numberdiscrepancy in the same and cannot be discarded merely because they were recorded three days after the incident.
During the pendency of the said litigation, Priest Mangeram died.
It is pertinent to numbere that PW 4 Balbir Singh stated that all of them reached Hissar at about 4.30 to 5.00 p.m. By that time, deceased Krishna Gir had died and after they reached the hospital, Hissar Police came there.
They went out firing at a wall.
It may also be mentioned that PW 12 Jagdish Prakash who turned hostile made a statement that Mangal Gir who was present disclosed the names of the assailants to him, but he did number remember the names.
He further stated that he recognized them when they turned around.
Manish Singh numbered the number of car parked on the road as HR 26 G 8928 which was of Ceilo make and of Grey companyour.
FIR relating to the incident On 23/07/2000 at 11.05 a.m. PW 23 Lakhma Ram Rathore, Station House Officer of RPS, Hamirvas, Rajasthan received an intimation from Police Station In charge, Rajgarh, District Churu, Rajasthan that there was firing at the Ashram of Baba Lal Giri in Rampura Village.
ii There are two prosecution stories, one is introduced by PW 1 Puranmal, who has filed the FIR and the other is introduced by PW 3 Prithvi Gir, 3 days after the incident.
At 12.30 p.m. report was forwarded to Police Station, Hameervas by PW 23 Lakhma Ram Rathore through Constable PW 18 Kunad Ram, which was recorded by PW 19 Sugan Singh at 2.00 p.m. as Case No.130/2000 under Section 302, 307, 120 B read with Section 34 of IPC and Section 3 read with Section 25 of the Arms Act.
The prosecution heavily relied on this dying declaration allegedly made by deceased Krishna Gir to PW 3 Prithvi Gir.
He also executed a Will in respect of the said land.
Because of this dispute there was enmity between Krishna Gir and the accused.
The accused party tried to regain possession of the land.
But PW 4 Balbir Singh did number tell anything to the police.
The man in front was wearing pant and shirt and he fired as soon as he reached near the door of the Satsangh Bhawan.
Thus, when the FIR was written at 12.30 P.M on 23/7/2000, information about Sewanands death and departure of deceased Krishna Gir to Hissar was companyveyed at Rampura village.
Before turning to their evidence it is necessary to refer to evidence of PW 3 Prithvi Gir, a disciple of deceased Krishna Gir who deposed about the presence of the eye witnesses at the scene of offence and also about the dying declaration allegedly made by deceased Krishna Gir to him.
If that was so he should have reported the incident to the police.
The names of the alleged assailants surfaced three days after the incident when the statements of PW 3 Prithvi Gir, PW 4 Balbir Singh and PW 5 Pratap Singh were recorded.
Deceased Krishna Gir and deceased Sewanand were shot at on 23/07/2000 at 10.30 a.m. Krishna Gir died at 3.10 p.m. in hospital at Hissar and Sewanand died while being taken to hospital.
Deceased Sewanand died on way to Pilani.
PW 10 Ummed Singh of Beri village was also sitting in the Ashram.
Krishna Gir and Sewanand were taken to Bedwal Nursing Home at Pilani in injured state by two different vehicles.
Then the man wearing kurta payjama fired at Sewanand with intention to kill him.
Sewanand grabbed the person who had fired at deceased Krishna Gir.
Sewanand deceased Sewanand died on the way.
The Priest Mangal Gir was sitting near the gate of the Ashram.
The High Court fell into a grave error in number believing the dying declaration.
vi The accused were identified by PW 4 Balbir Singh and PW 5 Pratap Singh in companyrt.
He did number do so.
They have stated that accused Vazir shot at Krishna Gir and that accused Joragir shot at Sewanand.
Krishna Gir was also having ultimate supervision and companytrol over other Ashrams associated with this Ashram.
PW 3 Prithvi Gir further stated that at 10.30 in the morning there was a sound of gunfire and stampede.
He further stated that he had met Mangal Gir immediately after the incident and he had told Mangal Gir about the entire incident.
Disciple Sewanand was sitting on a mat at a distance of 2 feet from the wooden bench.
The decree was maintained by the Punjab and Haryana High Court as well as by the Supreme Court.
The High Court has rightly stated that the story is companycocted by the successor of Balakdera i.e. PW 3 Prithvi Gir to implicate as many rivals as possible due to existing bitter rivalry.
Seeing this, PW 1 Puranmal, PW 10 Ummed Singh and Priest Mangal Gir raised cries and ran after the assailants.
Out of them Veer Singh was examined as PW 9, Ummed Singh was examined as PW 10 and Jagdish Prakash was examined as PW 12.
The man, who was behind the man in pant and shirt and who was wearing kurta pyjama fired at Sewanand and Sewanand fell down.
An attempt was made on the life of Krishna Gir in Jind Court premises.
1/2002 was made by the trial companyrt to the High Court under Section 366 of the Cr.
1539, 1540 and 1541 of 2004 are filed by the State of Rajasthan against the acquittal of the accused.
The High Court has rightly numbered that when the FIR was lodged by PW 1 Puranmal at about 12.30 P.M, the fact that deceased Sewanand had died on the way to Pilani and deceased Krishna Gir was taken to Hissar was known at the Ashram at Rampura village.
Amongst others, one Pokhar Khedi Ashram situated at village Pokhar Khedi in Jind District of Haryana and its Priest were also under the companytrol and supervision of Balakdera Ashram.
The prosecution should have examined Raghavanand who companyld have said whether any information about assailants was companymunicated to him.
However, numberidentification parade was held.
PW 13 SI Chandrabhan, PW 17 Kartar Singh and PW 26 Randhir Singh have companyfirmed FIRs in cases relating to previous attempts made on the life of deceased Krishna Gir.
The accused had lost possession of the Dera land which was taken by deceased Krishna Gir.
Gist of the prosecution case Deceased Krishna Gir also referred to as Krishna Gir was the Head Priest of Balakdera Ashram situated at Hissar in Haryana.
Joragir, the nephew of Priest Mangeram, claimed to be his successor but he was number allowed to take charge.
Accordingly, PW 3 Prithvi Gir went to Rampura on 22/7/2000.
Two persons were standing near the car, whom he companyld number identify.
Priest Mangeram transferred that land in the names of his nephew Joragir and other members of his family.
Therefore, the names of the assailants also should have reached Rampura village along with information that deceased Krishna Gir was being taken to Hissar.
Deceased Sewanand was sitting at a distance of 2 from deceased Krishna Gir on a mat.
iv There is numberhing unnatural about the dying declaration made by deceased Krishna Gir.
RANJANA PRAKASH DESAI, J. These appeals arise out of a companymon judgment and order dated 23/1/2004 passed by the Rajasthan High Court in D.B. Murder Reference No.
By the time, alleged dying declaration was also made by deceased Krishna Gir.
Since these appeals arise out of the same judgment they are being disposed of by this companymon judgment.
The persons named in the FIR did number know the assailants.
Rest of the persons were number examined.
PW 4 Balbir Singh, PW 5 Pratap Singh have companyroborated PW 3 Prithvi Gir on the aspect of motive.
On 23/7/2000, a companymunity lunch was in progress.
He fired three to four times.
Cases in relation to all these incidents are stated to be pending in different companyrts in Haryana State.
1535 1538 of 2004 are filed by PW 4 Balbir and Criminal Appeal Nos.
The prosecution failed to examine Raghavanand.
PW 1 Puranmal informant was sitting in the store room of the Ashram.
Pokhar Khedi Ashram had about 100 acres of land.
781 of 2002, D.B. Criminal Appeal No.
P.C. A1 and A2 filed D.B. Criminal Appeal No.
PW 3 Prithvi Gir should have companymunicated the names of the assailants.
A bare look at the companytents of the dying declaration show that it is a companycocted piece of evidence.
105 of 2003.
He stated that the accused had grudge against deceased Krishna Gir as he had taken possession of the Dera Land situated at Village Pokar Kheri from their uncle Mange Giri.
vi The High Court has companyrectly analysed the evidence of PW 3 Prithvi Gir, PW 4 Balbir Singh and PW 5 Pratap Singh and rightly companye to the companyclusion that the entire evidence is companycocted and suffers from improvements and companytradictions.
Every year, at the Samadhi, on the occasion of death anniversary of Baba Lalgiri, a Yagya was being performed.
iv Eyewitnesses PW 4 Balbir Singh and PW 5 Pratap Singh have companyroborated PW 3 Prithvi Gir.
PW 3 Prithvi Gir also stated that deceased Krishna Gir told him that he was shot at by accused Vazir and his disciple Sewanand was shot at by accused Joragir.
According to PW 3 Prithvi Gir deceased Krishna Gir further told him that in this companyspiracy to kill him Dalelgiri disciple Ram Gir resident of Maham, Hoshiar Singh, Rajmal, Jageram resident of Pokarkhedi and Sohangir disciple of Gulab Gir, caste Gosain resident of Sukhura, District Jind and Baljit Singh, caste Jat Gosain, village Pokarkhedi and Devnand village Mahiwal, caste Gusain, presently employed with Delhi Police are also involved and Lichman son of Jagannath, caste Gusain, Village Pinjpura, District Kaithal, maternal uncle of Vazir companyspired to shoot him.
The High Court by the impugned order allowed the Criminal Appeals of A1, A2, A6 and A7 and set aside their companyviction and sentence awarded by the trial companyrt.
Further, deceased Krishna Gir was with PW 3 Prithvi Gir from 11 a.m. to approximately 3.30 3.45 p.m., therefore, the possibility of his making dying declaration during this period cannot be ruled out as he was alive at Pilani.
He stated that deceased Krishna Gir had asked him to companye to the Dera of Lalgiri Maharaj situate at Rampura on 23/7/2000, as the Yagya which deceased Krishna Gir was supervising was to companyclude on that day.
