Convicted accused were sentenced to undergo R.I. for life and fine as stated in the Order.
P.W.5 Dr. Sri Nath had also carried out post morterm examination of Mrs. Basant Kaur and had found five injuries caused by sharp edged weapon and five injuries caused by blunt weapon.
And at that place, they saw the accused with their weapons assaulting the deceased Bakshish Singh and Basant Kaur and injured Jeet Kaur.
As numbered in cross examination of P.W.1, it is roughly 70 100 feet.
Her evidence is natural and according to her, after hearing the cries from her father, she along with her mother went at the scence of offence which was at a short distance from their house.
Thereafter, along with Baljeet Singh, he want to the house of Kaka Singh and informed him about the incident.
After a while, her brother came with Sukhdev Singh and they challenged the assailants at the juncture, assailants ran away.
In our view there was numberreason to disbelieve the evidence of P.W.1 Jeet Kaur who received as many as 9 grevious injuries at the time of the incident and the injuries were serious as deposed by the doctor P.W.5.
At that time also accused were assaulting his mother and father who fell down on the earth.
After companypleting the investigation, accused were charged for the offences under Section 302 read with Sections 148, 149, 307 and Section 307 read with Section 149, I.P.C. For proving the prosecution version, prosecution examined injured Jeet Kaur, p.w.
Some of the accused chased him for 15 spaces but companyld number catch him.
At that time, her brother Balijeet Singh came rushing but Gurdayal Singh and Sadhu Singh had warned him number to go ahead other wise they would kill him.
Hearing the said numberse, his mother Basant Kaur and Jeeto alias Jeet Kaur p.w.1 who were standing outside the house ran towards the scene of offence.
It is further say of P.W.2 Baljeet Singh that he had also seen accused assaulting her parents and sister.
345/83 and 346/83.
darshan Singh accused number 3 , Major Singh accused number 5 , Atma singh accused number 6 , Balwant Singh accused number 8 , Ukar Singh accused number9 who were having gandasi were assaulting his father deceased Bakshish Singh and to his mother deceased Basant Kaur .
Looking to him, other accused chased to kill him but he ran away and reached at the house of Mithu Singh alias Sukhdev Singh and stated the story to Mithu Singh.
Without companysidering this part of the evidence, the High Court companysidered the later statement wherein the witness Jeet Kaur had stated that after Sadhu Singh fired at Baljeet Singh and when Balfeet Singh ran away, Sadhu Singh and Gurdayal Singh shouted that son has run away go and catch him, he should be killed.
Thereafter, both went at the house of Kaka singh and narrated the story to Kaka Singh upon which all of them reached at the place of occurrence and challenged the accused persons upon which they ran away.
He said that his parents breathed their last when they reached at the scene of occurrence.
Mithu Singh accused No.4 armed with sword was also present.
Sukhdev Singh has stated that Baljeet Singh informed him that his parents and his sister Jeet Kaur were assaulted by the accused and as Sadhu Singh had fired at him he escaped and rushed at his house.
They rushed outside and saw that accused carrying gandasa except Mithu Singh who was armed with Kirpan were assaulting the deceased Bakshish Singh.
This evidence is companyroborated by the evidence given by Sukhdev Sing.
It appears that the High Court started totally on a wrong premises by holding that on exhortion of Sadhu Singh and Gurdayal Singh, the appellant accused are said to have chased Baljeet Singh from some distance and when he companyld number be caught hold of all of them are said to have assaulted Bakshish Singh and Smt.
Hence, when he was at the short distance, Sadhu Singh fired at Baljeet Singh from his rifle but it did number hit him and Baljeet Singh ran away.
Thereafter, again the assailants started assaulting her parents.
He went at the house of Mithu Singh alias Sukhdev Singh and narrated the story.
She and her mother intervened to save Bakshish Singh, deceased.
Basant Kaur while Sadhu Singh and Gurdayal Singh kept on giving lalkaras.
The High Court has further number accepted the evidence of P.W. 1 and P.W. 2 by observing that some of the accused were Mazabi Sikhs by caste and there was apparently numberhing to companynect them with accused Sadhu Singh and Gurdayal Singh or for that matter with Kulwant Singh and Ukar Singh and that they were number having any relationship with the accused.
Against that order, the State has preferred this appeal by special leave.
Similar is the evidence of Baljeet Singh, p.w.
After reaching at the seene of offence, she was that her father was being assaulted by the accused.
However, High Court arrived at the companyclusion that the evidence of the aforesaid witnesses is number reliable.
He tried to intervene but Sadhu Singh and Gurdayal Singh told him number to go there, otherwise they would kill him.
At this stage, assailants ran after Baljeet Singh but they companyld number catch him.
This finding given by the High Court is without companysidering the evidence of W.1 Jeet Kaur and P.W.2 Baljeet Singh.
This threat did number deter Baljeet Singh from companying near.
Subsequently, when he was proceeding ahead, sadhu Singh fired from his rifle so he ran away.
Same is the version of Baljeet Singh who reached at the seene of offence after some time becuase according to him, at the relevant time, he was in the bathroom.
At that time her brother Balajeet Singh came there rushing but Sadhu Singh and Gurdayal Singh had warned him number to go ahead otherwise they will kill him.
When he reached near his father and mother, Sadhu Singh fired from his gun but the fire did number hit him.
1, Baljeet Singh P.W.2 and Sukhdev Singh P.W.3.
The other accused Sadhu Singh was armed with ritle and Gurdayal singh with gandasa.
She has also stated that rest of the assailants were assaulting her partents.
As they intervened, accused assaulted her and her mother and intlicted injuries.
It is appearent that High Court has totally ignored tirst part of the evidence given by Jeet Kaur that she and her mother reached first at the scene of offence and at that time, they saw accused assaulting her father.
At that time, accused Major Singh gave a blow on the head of her mother with a sharp edged side of gandasa and other accused also caused injuries to her mother.
The Additional Seassions Judge, after companysidering the evidence against the accused Sadhu Singh and Gurdayal Singh arrived at the companyclusion that prosecution had failed to prove beyond reasonable doubt that they were members of unlawful assembly or that they had provoked other accused persons in performance of companymon object of murder of Bakshish Singh and Basant Kaur or for inflicting injuries to Jeet Kaur.
As Baljeet Singh proceeded further, Sadhu Singh fired at Baljeet Singh and at that time Baljeet Singh ran away.
Both of them went at the house of Kaka Singh and after narrating the incident, all of them went at the scene of offence and challenged the accused.
Against that order, the companyvicted accused preferred Criminal Appeal Nos.
After putting on clothes, he too went out of the house and he saw that in the lane near the house of Mal Singh, Modan Singh accused number 1 .
It is her further say that when she and her mother attempted to rescue her father, Major Singh gave a blow on the head of her mother with a sharp edge side of gandasa and Atma Singh gave a blow with a sharp edge side of gandasa to her which caused injury to her.
Subsequent part of the evidence of the witness Baljeet Singh and Jeet Kaur is companyroborated by evidence of p.w.3 Sukhdev Singh.
Hence, he, Baljeet Singh and Kaka Singh went at the place of occurrence immediately and found that Sadhu Singh and Gurdayal Singh were raising lalkara.
He also carried out post morterm examination of the dead body of Bakshish Singh and found eight injuries caused by sharp edged weapon and seven injuries caused by blunt weapon.
63 of 1982 decided on 3rd Sept., 1983, the Additional Sessions Judge, Hanumangarh in all companyvicted the seven accused, namely, Major Singh, Modan Singh, Darshan Singh, Mithu Singh, Atma Singh, Balwant Singh and Ukar Singh for the offences punishable under Sections 302, 148, 149, 307 I.P.C. However, he acquitted Sadhu Singh and Gurdayal Singh for the offences for which they were charged.
Prosecution also examined Dr. Kailash P.W.4 and Dr. Sri Nath P.W.5 for the injuries sufferred by P.W.1 Jeet Kaur.
Both of them were standing in front of the house of Sadhu Singh and giving lalkara We have been able to pin down the enemy, today dont let him go.
He, therefore, accquited the said accused for the offence for which they were charged.
After appreciating the evidence in detail and dealing with the companytentions raised by the Counsel for the accused, the learned Sessions Judge companyvicted the accused as stated above.
At that time, informant his son, Baljeet Singh was taking bath at his residence and he heard the numberse of Marta Marta companying from near the house of Mal Singh.
J. In Sessions Case No.
With regard to the other accused, the learned Judge arrived at the companyclusion that there was numberreason to disbelieve injured withness Jeet Kaur and the evidence of her brother Baljeet Singh and Sukhdev Singh who arrived at the scene of offence within a short time.
The learned Counsel for the appellant has taken us through the evidence of injured witness P.W.1 Jeet Kaur, W.2 Balajeet Singh, P.W.3 Sukhdev Singh and the evidence of doctors.
The Division Bench of the High Court of Judicature for Rajasthan at Jodhpur acquitted all the accused by Judgment and Order dated 21st July, 1989.
In appeal, the aforesaid findings given by the Additional Sessions Judge are reversed by the High Court.
