The evidence on record therefore does number go to show that he was responsible for any such injury as companyld have resulted in Amar Singhs death.
77 GB, in Ganganagar district of Rajasthan while Narain Singh used to live in another chak.
The accused denied the allegation of the prosecution altogether, but Maina Singh admitted that the gun belonged to him and he held a licence for it.
23 and led to its recovery during the companyrse of the investigation vide memorandum Ex.
The prosecution examined Ajeet Singh P.W. 2 , Isar Ram W. 3 and Smt.
Appeal by Special Leave from the Judgment and Order dated 21 4 1971 of the Rajasthan High Court at Jodhpur in D. Criminal Appeal No.
Maina Singh fired at Amar Singh, but companyld number hit him.
The deceased Amar Singh and accused Maina Singh and his three sons Hardeep Singh, Jeet Singh and Puran Singh used to live in chak No.
87 and 88 Cr.
Jangir Kaur P.W. 7 the wife of the deceased as eye witnesses of the incident.
Its broken pieces had however been recovered by the investigating officer earlier, along with the empty cartridges.
It is alleged that at that time Maina Singh and his three sons Hardeep Singh, Jeet Singh and Puran Singh came to the diggi along with Narain Singh.
The report Ex.
Maina Singh fired again, but without success.
78 GB and ultimately went and lodged a report at Police Station Anoopgarh at 10 p.m. after companyering a distance of about six miles.
It was found that there were several gun shot injuries, incised wounds and lacerated wounds on the body of the deceased, and there were as many as 12 gun shot wounds on the person of Ajeet Singh W. 2 .
Maina Singh fired his gun at Amar Singh and he fell down.
The injuries of Ajeet Singh W. 2 were also examined by Dr. Shanker Lal and his report in that companynection is Ex.
On the report of Ajeet Singh about the incident which took place by the time he left for the police station, the police registered a case for an offence under s. 307 read with s. 149 I.P.C. and started investigation.
Amar Singh ran towards the sugarcane field crying for help but was chased by the accused.
The gun shots however hit Ajeet Singh P.W. 2 on his legs and he jumped into a dry water companyrse which was nearby to take companyer.
Amar Singh was cleaning his lota after attending the call of nature.
P. 9 of Dr. Shanker Lal P.W. 5 is on the record.
An appeal was preferred by the State against the acquittal of the remaining four accused and Maina Singh also filed an appeal against his companyviction.
He also took the view that some one else might have been with him and he therefore gave the benefit of doubt to accused Hardeep Singh, Jeet Singh, Puran Singh and Narain Singh and acquitted them.
At that time, its butt was found to be missing.
All the five accused were found absconding and companyld be taken into custody after proceedings were started against them under ss.
Amar Singh succumbed to his injuries on the spot, and the accused ran away.
It was alleged that the judgment passed against the one who pleaded guilty was bad and companyld number stand.
The other accused went near him and gave gandasi blows, and Maina Singh gave a blow or two with the butt end of his gun which broke and the broken pieces fell down.
P. C. Maina Singh held a licence for gun Ex.
Harbans Singh for the Appellant.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Dr. Shanker Lal has stated that the fracture of the frontal bone of the deceased companyld have been caused by external injuries Nos.
242 of 1971.
Amar Singh was having some companystruction work done in his house and had engaged Isar Ram P.W. 3 as a mason.
Ajeet Singh thereupon ran towards chak No.
8, 10 and 12, and that he companyld die of that injury also but, of those three injuries injury No.
12 was inflicted by a sharp edged weapon and companyld number possibly be imputed to the appellant.
As the statements of Ajeet Singh W. 2 and Isar Ram P.W. 3 were found to be companysistent against appellant Maina Singh, and as there was circumstantial evidence in the shape of the recovery of empty cartridges near the dead body, and gun Ex.
M. Jain for Respondent.
Jangir Kaur P.W. 7 mainly for the reason that her name had number been mentioned in the first information report.
The five accused however followed Amar Singh.
100/ for the other offence.
Maina Singh was armed with a. 12 bore gun, Puran Singh with a takua and the other three with gandasis.
The Judgment of the Court was delivered by SHINGHAL, J. This appeal of Maina Singh arises out of the judgment of the Rajasthan High Court dated April 21, 1971 upholding the trial companyrts judgment companyvicting him of an offence under s. 302 read with s. 34 I.P.C. for causing the death of Amar Singh and of an offence under s. 326 P.C. for causing grievous injuries to Amar Singhs son Ajeet Singh P.W. 2 , and sentencing him to imprisonment for life for the offence of murder and to rigorous imprisonment for three years and a fine of Rs.
as well as the medical evidence, and the fact that the accused had absconded, the learned Sessions Judge companyvicted and sentenced him as aforesaid.
The Sessions Judge disbelieved the evidence of Smt.
On June 29, 1967, at about sun set, the deceased Amar Singh, his son Ajeet Singh P.W. 2 and Isar Ram P.W. 3 went to the diggi in murabba 35 for bath.
One of them pleaded guilty, and a judgment was passed against him, and the other two were acquitted.
The body of Amar Singh was sent for post mortem examination.
343 of 1969.
It was alleged that the relations between Amar Singh and Maina Singh were strained, as Maina Singh suspected that Amar Singh was giving information about his smuggling activities.
He took the view that the statements of Ajeet Singh P.W. 2 and Isar Ram P.W. 3 were inconsistent regarding the part played by Hardeep Singh, Jeet Singh, Narain Singh and Puran Singh accused, and although he held that one or more of the accused persons, besides Maina Singh, might be responsible for causing injuries to the deceased, along with Maina Singh, he held further that it companyld number be ascertained which one of the accused was with him.
Ajeet Singh took his bath, and was changing his clothes and Isar Ram was nearby.
P. 43.
