The companydition of Trilok Kumar was deteriorating.
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 Counsel for the appellant Amrik Singh.
1,000 and in default of payment of fine to undergo rigorous imprisonment for one year each.
On this telephonic information.
He remained in the Kota Hospital for more than a month.
They were companyvicted for an offence under Section 302/34 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs.
It was on an appeal filed by the State of Rajasthan, that while the acquittal of Pritam Singh, Atrik Singh, Jagdish and Harbans was upheld that of Satnam Singh and Mohar Singh was set aside and they were companyvicted and sentenced for offences under Section 302/34 I.P.C. and 307/34 I.P.C. by the High Court.
Since, Amrik Singh and Chetan were absconding, they were number tried alongwith the other six accused persons.
Shri Ronakati PW.16 in charge of the police station along with A.S.I. Mohan Singh PW 15 rushed to the shot and found Satveer and Lal Chand lying unconscious inside the station wagon.
P1 at 6.50 P.M. In the meantime, the S.H.O. brought the dead bodies of Satveer and Lal Chand along with the injured Bal Chand PW also to the government dispensary where Trilok Kumar was already lying in a serious companydition.
As soon as the car reached in front of the sawing machine all the accused persons fired at the car.
He further stated that the rear tyre of the car burst on account of the shot and the car had to stop.
They were companying by firing shots.
His presence on the spot cannot be doubted as he was injured at the spot and his dying declarations were also recorded twice.
At the time when Trilok Kumar had reached the dispensary of Dr. Shanti Lal PW 1 .
859/85 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 .
In the first companysolidated trial, the trial companyrt accepted the evidence of alibi of Pritam Singh, Atrik Singh, Jagdish and Harbans and acquitted them.
However, both the cases were companysolidated vide order dated 19.8.77.
Thus all the six accused in the companysolidated trial were acquitted by the trial companyrt.
They have filed criminal appeal No.
By the first shot the left tyre of the rear side of the station wagon burst bringing the vehicle to a halt.
The manner in which the shots were fired and the persons injured, there can be numbermanner of doubt that there were number of accused persons, who had fired thus even if, the four accused persons, viz.,
859/85 challenging his companyviction and sentence.
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 High Court vide judgment dated 7,12.84 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.
The State of Rajasthan filed criminal appeal against their acquittal.
RJO 1057 belonging to Satveer deceased .
63/91 Chetan accused is still absconding.
The substantive sentences were directed to run companycurrently.
Seeing his companydition.
P2 was recorded by the magistrate at the hospital.
In the incident two persons sitting inside the car namely, Satveer and Lal Chand have died and Trilok Kumar and Bal Chand also received the injuries.
They were both found guilty of causing murder of Satveer and Lal Chand and for causing injuries to Trilok Kumar and Bal Chand.
Coming number to the appeal filed by Satnam Singh and Mohar Singh.
1,000 and in default of payment of fine to undergo rigorous imprisonment for one year.
Subsequently Amrik Singh was also apprehended and was companymitted to stand his trial before the learned Session Judge, Jhalawar, in Sessions Case No.
232/85, by special leave to question their companyviction and sentence.
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.
The State has number filed any appeal against the acquittal of Pritam Singh, Atrik Singh, Jagdish and Harbans.
Conviction was also recorded against him for an offence under Section 148 I.P.C. and he was sentenced to two years rigorous imprisonment.
Bal Chand PW 3 and Lal Chand deceased .
The prosecution examined various witnesses to companynect Amrik Singh with the crime.
Dr. Arora found the companydition of Trilok Kumar to be serious and therefore recorded his dying declaration Ex.
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.
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.
63/79 the learned Sessions Judge, Jhalawar, companyvicted Amrik Singh for an offence under Section 302/149 I.P.C. and sentenced him to imprisonment for life and to pay a fine of Rs.
The presence of Trilok Kumar on the scene of occurrence remains established beyond any manner of doubt.
Pritam Singh, Harbans, Atrik Singh and Jagdish were companymitted to stand their trial by an order of the Judicial Magistrate dated 25.1.77, while Mohar Singh and Satnam Singh were companymitted to stand their trial by a separate order.
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.
Thought 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.
A. No.
The rest of the accused persons were towards the left side of the car where Satveer was sitting.
In Sessions Case No.
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.
They took charge of the dead bodies.
Satnam Singh and Mohar Singh were also acquitted on being granted the benefit of doubt.
He was also companyvicted for an offence under Section 307/149 I.P.C. and sentenced to seven years rigorous imprisonment and to pay fine of Rs.
1,000 and in default of payment of fine to undergo rigorous imprisonment for one year.
Trilok Kumar PW 2 was driving the station wagon while Satveer was sitting by his side on the front seat.
1,000 and in default of payment of fine to undergo rigorous imprisonment for one year.
The accused persons are alleged to have there upon surrounded the vehicle and started firing.
At about 6.15 P.M. all the four of them were returning in the station wagon bearing registration No.
On the advice of Dr. Arora Trilok Kumar was removed to Jhalawar Hospital.
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 motor cycle to the Government dispensary Bhiwani Mandi where he was examined by Dr. Jagdish Kumar Arora PW 20 .
AD the accused persons were armed with 12 bore revolvers.
Hardly had the station wagon companyered a distance of about one furlong from the play ground 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.
487/80 and in our judgment dated April 27, 1983 we had held that his evidence was reliable.
Bal Chand and Lal Chand were sitting in the back seats.
The ballet was taken out from his body.
After investigation was companypleted, challan was filed and Amrik Singh on being companymitted to the Sessions Court was put on trial.
They were also companyvicted for an offence under Section 307/34 I.P.C., and sentenced to seven years rigorous imprisonment and to pay a fine a Rs.
He has filed criminal appeal No.
Satnam Singh, Mohar Singh, Pritam Singh, Atrik Singh, Jagdish, Harbans, Amrik Singh and Chetan were arrived as accused persons in respect of that occurrence.
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.
S. 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.
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.
A magistrate was requested to record the dying declaration of Trilok Kumar and accordingly Ex.
At the Jhalawar Hospital doctor examined Trilok Kumar and got his X rays taken.
The blood stained clothes of the injured were seized by the police at the Kota hospital during the companyrse of investigation.
As already numbericed, both these companyvicts along with Pritam Singh, Atrik Singh, Jagdish and Harbans were acquitted by the learned Sessions Judge.
We have thoroughly pursued the statement of PW1 Trilok Kumar given in the companyrt in the trial of this case and we have numbermanner of doubt that he was driving the car at the relevant time.
