MANI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under S. 2(a) of the Supreme Court (Enlargement of Appellate Jurisdiction) Act, 1970 is directed against the judgment and order of the High Court of Rajasthan dated 21-8-1985 in Criminal Appeal No. 494/1974 convicting the appellant for an offence under S. 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life by reversing an order of his acquittal recorded by the Additional Sessions Judge, Ganganagar vide judgment and order dated 13-2-1974.

(2.) According to the prosecution case, Mani Ram appellant and his brother Hari Ram had removed the fencing over the field of Hazur Singh deceased about 20-22 days prior to the occurrence, which took place on 22-6-1972 at about 12-30 noon, and that action of the appellant and his brother had resulted in a quarrel between the brothers and Hazur Singh and had created ill feelings between the parties. On the fateful day of 22-6-1972, Hazur Singh deceased had gone to his field. His wife Surjeet Kaur PW I and his son Jaskaran P.W. 2 later on went to the field carrying meals for Hazur Singh. After Hazur Singh had taken his meal, all the three were returning to their village from the field at about 12-30 p.m. Hazur Singh was ahead of Surjeet Kaur and Jaskaran P.Ws. by about one kila. When Hazur Singh reached near the water-course of the village, the appellant Mani Ram was seen coming from the village side. He gave a 'lalkara' to Hazur Singh and immediately fired a shot from his pistol at him. His brother Hari Ram who was also armed with a gun exhorted Mani Ram appellant to kill Hazur Singh so that the enemy may not escape. Mani Ram thereupon fired three more shots from his pistol at Hazur Singh, who fell down and died at the spot. At some distance away, Sukh Ram PW. 4 was present and he also witnessed the occurrence. Surjeet Kaur P.W. 1 accompanied by Ganpatram went to police station Tibi and lodged the first information report, Ex. P/ 1, at about 3.00 p.m. A case was accordingly registered and the investigating officer, Nisar Ahmed, P.W. 13, visited the spot. He prepared the site plan, the site inspection note and effected recovery of an empty cartridges vide memo Ex. P/ 6 from the spot. The body of the deceased was sent for post-mortem examination, which was conducted by Dr. K. C. Mittal P.W. 9. The autopsy report was prepared. The following injuries found on the dead-body of Hazur Singh deceased:

(3.) Mr. Mahabir Singh, learned counsel for the appellant, submitted that the judgment of the Trial Court could neither be styled as perverse nor even as unreasonable and there were no other substantial and compelling reasons which could justify the setting aside of the order of acquittal and, therefore, the High Court should not have interfered with the order of acquittal. Learned counsel urged that the presence of undigested food in the stomach of the deceased belied the prosecution case and that the Trial Court was right in holding that Hazur Singh could not have taken the meals at the time stated by his wife Surjeet Kaur P.W. 1 and his son Jaskaran P.W. 2 or murdered at 12-30 p.m. as alleged. The learned counsel also submitted that the inordinate delay in sending the empty cartridges to the ballistic expert went to show that the possibility that the same had been substituted by the investigating agency could not be ruled out and therefore the conviction of the appellant by the High Court was not justified.