The two accused then told Sardari that they had made a mistake.
The two accused thereafter came up in appeal to this Court by special leave.
Jeep of one Sheonarain was then sent for and on that jeep Gheru was taken first to Hanumangarh and thereafter to Ganganagar.
At the trial Godhu accused denied his participation in the occurrence According to him, he heard two gunshots and thereafter went to Banwaris house.
Banwari companysequently came back to his village Jhamber.
Gheru succumbed to his injuries in the hospital on September 24,1969 at 5, 10 a.m. The two accused were arrested by ASI Mahendra Singh PW 8 on September 23, 1969.
Appeal by Special Leave from the Judgment Order dated 3rd September, 1971 of the Rajasthan High Court in D. B. Criminal Appeal No.
As regards his gun and cartridges, Banwari stated that on the day following the occurrence he gave his gun and two empty cartridges to the police when the same were demanded by the Sub Inspector.
Banwari also made a statement on oath in support of his version by companying into the witness box as DW 1.
Godhu and Banwari accused are companysins, being sons of two sisters.
The two accused then caught hold of the arms of Gheru and forcibly took him to Banwaris baithak.
The two accused and Gheru deceased belonged to village Jhamber in district Sri Ganganagar.
Sardari, Udmi and Gordhan PWs took that cart to Hanumangarh, at a distance of 8 miles from the place of occurrence.
Banwari thereafter got recovered gun P 5 and a bag companytaining three cartridges, two of which were live cartridges and one was an empty cartridge.
According further to Godhu, Gheru deceased did number utter any word at that time.
Sheonarain DW 2 , Chaitan DW 3 and Saudagar Singh DW 4 deposed that they had been given the version of the occurrence as given above by Banwari accused.
On the way Premaram Sarpanch and Gordhan PW met them.
who had made a retreat, came to Banwaris baithak along with Saudagar Singh DW 4 .
After informing Sardari and Udmi, Gordhan went to the fields to inform Sarpanch Premaram PW 2 about the incident.
Banwari then sent Godhu to Gherus house.
Gheru replied that the stomach injury bad been caused by Banwari and the hand injury by Godhu with guns.
On arrival at the house of the deceased, those carrying the company placed it in front of the door of that house.
Just then two gunshots were heard in quick succession from inside the baithak.
On the query of Sardari, Gheru replied that the stomach injury had been caused by Banwari and the hand injury by Godhu with gunshots.
Likewise, the trial judge rejected the prosecution evidence that the two accused had told Sardari immediately after the occurrence that they had made a mistake.
The punctured wounds were in the abdominal cavity, while the lacerated wounds were on the anterolateral aspect of the right wrist joint and the medical side of palmer aspect of right hand.
Death was due to hemorrhage and shock resulting from gunshot injuries.
An operation was performed for the removal of pellets from the body of Gheru on September 22, 1969 by Dr. Gehlot.
Banwari accused then threatened Sardari and Udmi number to proceed ahead.
Cry of Gheru too was heard that he was being killed, Gordhan PW then rushed towards his house and narrated the incident to his mother Sardari PW 3 and brother Udmi PW 4 .
Godhuwas thereafter sent to Gherus house and he called Sardari and Udmi.
The third dying declaration was made to Premaram and the fourth one to Shri B. D. Chopra, Sub Divisional Magistrate.
The case for the prosecution is that it were the two accused who fired shots on the deceased as a result of which he died.
Godhu then disclosed that he had buried a gun with one empty and one live cartridge in his companyton field and that he companyld get the same recovered.
The learned Judge, however, placed reliance upon the evidence regarding the deceased having made dying declarations in the presence of Sardari, Udmi, Premaram and Gordhan PWs.
As against that, Godhu accused has denied his participation in the occurrence, while the plea of Banwari is that it was he alone who fired both the shots on the deceased, though, according to him, he did so in exercise of the right of private defence.
Udmi thereupon retreated back but Sardari said that even at the risk of her life she would g0 to Banwaris baithak to see her son.
Both the trial companyrt and the High Court have accepted the evidence of these witnesses in this respect.
Gheru admitted the dying declaration to be companyrect and thumb marked it.
P 28 of the deceased recorded by Shri Chopra, Sub Divisional Magistrate.
in that dying declaration Gheru narrated the facts of the occurrence as given above.
The prosecution case is that the relations of Banwari accused with Gheru deceased were strained as there bad taken place a quarrel between them about 15 days before the present occurrence.
The Judgment of the Court was delivered by KHANNA, J. Godhu 25 and Banwari 45 were companyvicted by learned Additional Sessions Judge Sri Ganganagar under section 302 Indian Penal Code for causing the death of Gheru 30 and were sentenced to undergo imprisonment for life.
Reliance was also placed upon dying declaration Ex.
These witnesses have deposed about the deceased having made the dying declaration before them.
It is the companymon case of the parties that Gheru deceased died as a result of injuries received by gunshots.
Udmi and Sardari then carried the company on which the deceased was lying to their house.
Godhu was at that time armed with a single barrel gun, while Banwari had a double barrel gun.
307 of 1971.
It was, however, observed that only that part of dying declaration Ex.
on September 21, 1969 at about 2 p. m., it is stated, Gheru deceased while returning from the fields passed in front of the house of Banwari accused.
Sobhagmal Jain and S. K. Jain, for the respondent.
In the result the two accused were companyvicted and sentenced as above, On appeal the learned Judges of the High Court substantially affirmed the companyclusions of the trial judge.
Udmi too asked Gheru as to who had injured him.
In the meantime, Udmi.
Chaitan, Saudagar Singh DWs and Godhu accused along with others then came there and were told about the incident by Banwari.
100/or in default to undergo imprisonment for a further period of one month.
As the companydition of Gheru was serious, Dr. Momanram asked Ganganagar police to arrange for the recording of his dying declaration.
Stomach, mesentery, small intestines, large intestines and left kidney were found to be punctured at a number of places.
Dying declaration Ex.
P 28 of Gheru deceased was recorded by Shri B. D. Chopra, Sub Divisional Magistrate on the morning of September 22, 1969 after Dr. S. K. Sharma PW 7 had certified that Gheru was in a fit companydition to make statement.
Sardari and Udmi on being told of the incident by Gordhan went to Banwaris house and found the two accused present in the companyrtyard of that house armed with guns.
X ray of the abdominal region of Gheru was then taken to find the presence of pellets.
The version companytained in the statement of Banwari that he had caused injuries to Gheru in exercise of the right of private defence was rejected.
Gordhan raised alarm and also rushed towards the baithak.
Likewise, the defence evidence was rejected.
P 28 was.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
When Sardari entered Banwaris baithak, he saw Gheru lying on a company with injuries on his abdomen and right hand.
Report about the occurrence was lodged by Gordhan PW at police station Hanumangarh at 6.30 p.m. As the doctor was number available in Hanumangarh hospital, a jeep was arranged and in that jeep Sardari and Udmi took Gheru to Ganganagar.
worthy of credence as related to the two accused having fired at Gheru deceased.
After taking Gheru inside the baithak, the two accused bolted the door of the baithak from inside, Gordhan PW 1 , who is cider brother of Gheru deceased, was at a distance of about 50 yards when he saw the two accused taking Gheru inside Banwaris baithak.
Gheru was admitted in the Ganganagar hospital the same night at 12.20 a.m. Dr. Momanram PW 6 examined the injuries of Gheru soon after he was admitted in the Ganganagar hospital.
The other part of the dying declaration regarding the forcible taking of Gheru to the baithak of Banwari was number companysidered to be trustworthy.
Licence of the gun of Banwari too was taken into possession.
Premaram Sarpanch then asked Gheru deceased as to who had injured him.
Evidence about the recovery of the guns and cartridges at the instance of the accused was also accepted.
The learned Additional Sessions Judge did number place any reliance upon the evidence of Gordhan PW that the deceased had been forcibly taken by the two accused inside the baithak of Banwari.
The company of the deceased was then placed on a cart.
Godhu thereafter got recovered a single barrel gun along with one live and one empty cartridge from his field.
The deceased then replied that he had been injured by the two accused by gunshots.
On appeal the Rajasthan High Court affirmed the judgment of the trial companyrt.
The dying declaration was dictated by the Sub Divisional Magistrate to his clerk.
Charge was also framed against the two accused for an offence under section 364 Indian Penal Code but they were acquitted on that companynt.
Each of the two accused was sentenced for the offence under the Arms Act to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.
Saudagar Singh also accompanied them.
N Mulla, Ganpat Rai and S. K. Sabarwal, for the appellants.
They also requested Sardari to take away Gheru.
The sentences were ordered to run companycurrently.
Conviction was also recorded against Godhu under section 25 1 a of the Arms Act and against Banwari under section 27 of that Act.
Chaitan, Banwari and Chadu were present there while Gheru was lying wounded on a company in Banwaris baithak.
656 of 1970.
Godhu accused was interrogated by Sub Inspector Hanuman Dutt on September 27, 1969.
Gheru was taken on the company from Banwaris baithak to his Gherus house.
Banwari accused on interrogation, by the Assistant Sub Inspector disclosed that day that he had kept his double barrel gun along with a bag in the kitchen of his house and that he companyld get the same recovered.
Godhu brought Sardari and Udmi and they all carried Gheru on a company to his house.
A Gandasi was also carried on that company.
Banwari also went in that jeep to Hanumangarh and wanted to lodge a report but he was told by Premaram Sarpanch that he and Gordhan would lodge the report.
