First companyversation between Tara Singh PW 1 and Varun Singh PW 4 and Gulam Navi PW 7 was in the hospital at about 8.20 p.m., nearly 3 hours after the occurrence, and both had then for the first time projected themselves as eye witnesses.
Shiv Charan had already died.
On seeing a police vehicle, they drove along with police to the place of occurrence.
Babu Singhs presence on the spot cannot be doubted, as he was the only injured witness.
Between 5.30 p.m. to 8.20 p.m., PW 7 was number informed and told as to who had fired upon Shiv Charan.
He had stated that he was fired from behind and thereafter, had become unconscious and had fallen down.
1475 of 2017 Page 5 While the aforesaid companytention as recorded in paragraph 6 may number by itself be significant, but testimony of Babu Singh PW 3 is.
Satvir Singh and Shyam Singh too had fired at Shiv Charan.
The motorcycle skidded and Shiv Charan and Babu Singh fell down.
Guman Singh had then fired at the chest of 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.
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.
On directions of Gulam Navi PW 7 , the deceased Shiv Charan and Babu Singh were taken to the hospital.
Babu Singh PW 3 did number depose as to the presence of the present appellant number did he identify any of the assailants.
This is surprising as bullets were certainly recovered from the body of the deceased Shiv Charan and numberexplanation is forthcoming why these bullets were number sent for ballistic examination.
On regaining companysciousness, he had numbericed police personnel and a person holding camera.
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.
1475 of 2017 Page 4 30.08.2009.
Babu Singh PW 3 did number depose as to the presence of Tara Singh PW 1 and Varun Singh PW 4 on another motorcycle or that they were following them.
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.
He did number know who had fired at him.
Pertinently, Babu Singh PW 3 in his examination in chief had turned hostile and did number name the appellant and three others who were charge sheeted.
The deceased Shiv Charan and the injured Babu Singh were on another motorcycle a few steps ahead of them.
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 companyplaint was given to him by Tara Singh PW 1 .
Upon receipt of the written companyplaint, steps were taken for registration of the FIR.
Thereafter, he was taken to the hospital.
Thus, the bullet B/1 recovered from the body of Babu Singh PW 3 would number be matched with the companyntry made pistol.
p.m. on 30.8.2009.
They had, from STD booth near Chungi, informed their relatives about the occurrence.
One of the riders from the third motorcycle had then fired a shot 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.
1,000/ and in default of payment, an additional rigorous imprisonment of one year.
Gulam Navi PW 7 in his cross examination also had accepted as companyrect that the informant Tara Singh PW 1 was number present at the place of the occurrence till the time Babu Singh was sent to hospital.
Prosecution however relies on the finding in the FSL report that the hole on the shirt worn by Babu Singh appeared to have been caused by a companyper jacketted bullet.
Babu Singh PW 3 was certainly companyscious when he was brought to the hospital because he had also signed the Medical Examination Report MLC.
In view of the testimonies of Babu Singh PW 3 and Gulam Navi PW 7 , there is a clear companytradiction and direct companyflict between Criminal Appeal No.
1475 of 2017 Page 1 The companyviction 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 companysequent charge sheet filed against the present appellant, i.e. Guman Singh, and Jagdish Singh, Satvir Singh and Shyam Singh.
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.
1475 of 2017 Page 7 for ballistic examination and companyparison.
Criminal Appeal No.
Statements of Tara Singh PW 1 and Varun Singh PW 4 , under Section 161 of the Code of Criminal Procedure, 1973 the Code, for short , were recorded by the SHO and the Investigating Officer Gulam Navi PW 7 three days after the date of occurrence on 03.09.2009.
PW 7 on reaching the spot along with other police officials found Babu Singh lying in an injured companydition.
On reading testimonies of Gulam Navi PW 7 and Babulal Bhaskar PW 10 , we find that their versions companytradict the version given by Tara Singh PW 1 and Varun Singh PW 4 as to their presence at the place of occurrence and their claim that they were following the deceased Shiv Charan and the injured Babu Singh on another motorcycle.
Gulam Navi PW 7 has number deposed Criminal Appeal No.
The bullets recovered from the body of deceased Shiv Charan were number sent Criminal Appeal No.
One motorcycle was lying at the spot.
Babu Singh, it is stated, had returned from Jaipur on 3.09.2009 and thereupon his statement under Section 161 of the Code was recorded.
Their presence is highly doubtful and their eye witness account apparently companyjured, as they were number found at the spot when Gulam Navi PW 7 the SHO and Investigating Officer had recached Chauve ke bandh at around 5.30 p.m. on Criminal Appeal No.
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.
The assertion and claim of Tara Singh PW 1 and Varun Singh PW 4 of being eye witnesses to the incident was clearly on second thoughts and after due deliberation.
