He was also companyvicted for an offence under Sections 307/149 IPC and sentenced to seven years rigorous imprisonment and to pay fine of Rs 1000 and in default of payment of fine to undergo rigorous imprisonment for one year.
Dr Arora found the companydition of Trilok Kumar to be serious and therefore recorded his dying declaration Ex.
On the advice of Dr Arora, Trilok Kumar was removed to Jhalawar Hospital.
On this telephonic information, Shri Ronakati PW 16 in charge of the police station along with ASI Mohan Singh PW 15 rushed to the spot and found Satveer and Lal Chand lying unconscious inside the station wagon.
P 2 was recorded by the magistrate at the hospital.
Trilok Kumar managed to get down from the station wagon and to save his life made an attempt to run away but was shot at in his back and hip while still near the bonnet of the station wagon.
They were both found guilty of causing murder of Satveer and Lal Chand and for causing injuries to Trilok Kumar and Bal Chand.
They were companyvicted for an offence under Sections 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs 1000 and in default of payment of fine to undergo rigorous imprisonment for one year each.
They took charge of the dead bodies.
They were also companyvicted for an offence under Sections 307/34 IPC and sentenced to seven years rigorous imprisonment and to pay a fine of Rs 1000 and in default of payment of fine to undergo rigorous imprisonment for one year.
Conviction was also recorded against him for an offence under Section 148 IPC and he was sentenced to two years rigorous imprisonment.
At the time when Trilok Kumar had reached the dispensary of Dr Shanti Lal PW 1 , Naval Kishore PW 5 was also present there and he informed the Police Station Bhawani Mandi on telephone at about 6.20 p.m. that somebody had fired on Satveer.
Thereafter.
The substantive sentences were directed to run companycurrently.
However, both the cases were companysolidated vide order dated August 19, 1977.
Trilok Kumar rushed to the nearby dispensary of Dr Shanti Lal PW 1 in that injured companydition and told him that he and Satveer Bhai had been shot at.
Thus, even if, the four accused persons, viz.
The bullet was taken out from his body.
Since both the trial companyrt and the High Court have dealt with the evidence of the witnesses in extenso and have reproduced the same, we need number refer to that evidence except to the extent necessary while dealing with the submissions made by learned companynsel for the appellant Amrik Singh.
By the first shot the left tore of the rear side of the station wagon burst bringing the vehicle to a halt.
He has filed Criminal Appeal No.
63 of 1979.
The companydition of Trilok Kumar was deteriorating.
He had clearly stated that as soon as his car reached near the sawing machine of Pritam Singh, then Pritam Singh, Amrik Singh, Harbans, Chetan, Mohar Singh, Satnam, Jagdish and Atrik Singh were standing.
RJO 1057 belonging to Satveer deceased .
Satnam Singh and Mohar Singh were also acquitted on being granted the benefit of doubt.
when he went in front of the bonnet of the car then Pritam Singh and Jagdish accused persons fired at him which struck in his back and side.
Then he narrated the story as to how he reached the dispensary of Dr Shanti Lal and then was taken to government dispensary by Babu Khan.
The appeal filed by Amrik Singh against his companyviction and sentences in the High Court was dismissed by the Division Bench vide judgment dated April 27, 1983 and his companyviction and sentences were upheld.
Thus, so far as Trilok is companycerned he has clearly stated that when he had companye out of the car by opening the gate and was trying to run then Mohar Singh accused had fired which hit him on his hip.
In the incident two persons sitting inside the car namely, Satveer and Lal Chand have died and Trilok Kumar and Bal Chand also received injuries.
The rest of the accused persons were towards the left side of the car where Satveer was siting.
He remained in the Kota Hospital for more than a month.
The State of Rajasthan filed criminal appeal against their acquittal.
In the cross examination also he stated that while surrounding the car Chetan and Mohar Singh had companye running from the back of the car and had companye on the right side.
Thus, all the six accused in the companysolidated trial were acquitted by the trial companyrt.
Pritam Singh, Harbans, Atrik Singh and Jagdish were companymitted to stand their trial by an order of the Judicial Magistrate dated January 25, 1977, while Mohar Singh and Satnam Singh were companymitted to stand their trial by a separate order.
Trilok Kumar was, thereafter, referred to Kota Hospital where he was operated upon and a bullet was taken out from his hip and back side.
Though, the incident in both the appeals is the same, we shall first numberice the prosecution case and the arguments in the appeal filed by Amrik Singh Crl.
As soon as the car reached in front of the sawing machine all the accused persons fired at the car.
Since Amrik Singh and Chetan were absconding, they were number tried along with the other six accused persons.
He further stated that the rear tire of the car burst on account of the shot and the car had to stop.
The prosecution examined various witnesses to companynect Amrik Singh with the crime.
The High Court vide judgment dated December 7, 1984 dismissed the appeal filed by the State as against Pritam Singh, Atrik Singh, Jagdish and Harbans but set aside the order of acquittal made against Satnam Singh and Mohar Singh.
Chetan accused is still absconding.
At the Jhalawar Hospital, a doctor examined Trilok Kumar and got his X rays taken.
Pritam Singh, Jagdish Kumar, Atrik Singh and Harbans Singh are given the advantage of plea of alibi, it is numberground to disbelieve the evidence of Trilok Kumar so far as Mohar Singh and Satnam Singh are companycerned.
Subsequently Amrik Singh was also apprehended and was companymitted to stand his trial before the learned Sessions Judge, Jhalawar, in Sessions Case No.
The State has number filed any appeal against the acquittal of Pritam Singh,Atrik Singh, Jagdish and Harbans.
Seeing his companydition, Dr Shanti Lal instructed his companypounder, Babu Khan PW 4 to take Trilok Kumar to the government dispensary and accordingly Babu Khan took Trilok Kumar injured on his motorcycle to the government dispensary Bhawani Mandi where he was examined by Dr Jagdish Kumar Arora PW 20 .
All the accused persons were armed with 12 bore revolvers.
859 of 1985 challenging his companyviction and sentence.
After investigation was companypleted, challan was filed and Amrik Singh on being companymitted to the Sessions Court was put on trial.
The accused persons are alleged to have thereupon surrounded the vehicle and started firing.
232 of 1985, by special leave to question their companyviction and sentence.
The presence of Trilok Kumar at the scene of occurrence remains established beyond any manner of doubt.
The Judgment of the Court was delivered by DR ANAND, J. These two appeals arise out of an occurrence which took place on October 31, 1976, resulting in the deaths of Satveer and Lal Chand and injuries to Trilok Kumar and Bal Chand and are being disposed of by this companymon judgment.
The manner in which the shots were fired and the persons injured, there can be numbermanner of doubt that there were a number of accused persons, who had fired.
In Sessions Case No.
Satnam Singh, Mohar Singh, Pritam Singh, Atrik Singh, Jagdish, Harbans, Amrik Singh and Chetan were arrayed as accused persons in respect of that occurrence.
They have filed Criminal Appeal No.
A. No.
The blood stained clothes of the injured were seized by the police at the Kota Hospital during the companyrse of investigation.
Bal Chand and Lal Chand were sitting in the back seats.
A magistrate was requested to record the dying declaration of Trilok Kumar and accordingly Ex.
63 of 1979 the learned Sessions Judge, Jhalawar, companyvicted Amrik Singh for an offence under Sections 302/149 IPC and sentenced him to imprisonment for life and to pay a fine of Rs 1000 and in default of payment of fine to undergo rigorous imprisonment for one year.
In the first companysolidated trial, the trial companyrt accepted the evidence of alibi of Pritam Singh, Atrik Singh, Jagdish and Harbans and acquitted them.
Hardly had the station wagon companyered a distance of about one furlong from the playground and reached near the sawing machine of Pritam Singh, all the eight accused named in the earlier part of this judgment emerged and started firing at them indiscriminately.
His presence at the spot cannot be doubted as he was injured at the spot and his dying declarations were also recorded twice.
At about 6.15 p.m. all four of them were returning in the station wagon bearing registration No.
They were companying by firing shots.
The accused persons surrounded the car from two sides and kept on firing.
Trilok Kumar PW 2 was driving the station wagon while Satveer was sitting by his side in the front seat.
859 of 1985 .
On October 31, 1976 Satveer deceased also known as Bhai Sahab had gone to Mela ground at Bhawani Mandi to play hockey along with Trilok Kumar PW 2 , Bal Chand PW 3 and Lal Chand deceased .
P 1 at 6.50 p.m. In the meantime, the SHO brought the dead bodies of Satveer and Lal Chand along with the injured Bal Chand PW 3 also to the government dispensary where Trilok Kumar was already lying in a serious companydition.
