GOPAL Vs. SUBHASH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15th May, 1997 passed by the Rajasthan High Court in DB Criminal No. 320/87 whereby and whereunder the respondents herein were acquitted of the charges of commission of an offence under Sections 148 and 302 read with 149 of the Indian Penal Code.

(2.) The respondents herein together with Shankerlal and Maniram were charged under Ss. 148 and 302 read with S. 149 of the Indian Penal Code and were sentenced to life imprisonment for alleged commission of an offence under S. 302 read with S. 149. They were further sentenced to undergo one year's rigorous imprisonment with fine of Rs. 500/- for commission of an alleged offence under S. 148 of the Indian Penal Code. Two accused persons Shankerlal and Maniram were also convicted under S. 27 of the Arms Act and sentenced to undergo rigorous imprisonment for six months and a fine of Rs 400/-.

(3.) Allegedly, there were two groups in Kanwarpura Tehsil; one headed by Shri Ramnarayan accused and the other by the deceased Ram Kumar. Allegedly, a day prior to the date of incidence, an election of dairy society was conducted. At about 7 p.m. on 6-6-1986, Atma Ram P. W. 1, Brijlal P. W. 10, Ramnarayan P. W. 5 and Rajaram were sitting on the chowki in the house belonging to Brijlal. They saw the accused persons coming out from the house of Ramnarayan, Sarpanch. Allegedly, Ramanarayan, Maniram and Shankerlal were armed with guns, Subhash with lathi and Manohar with pistol. They proceeded towards the house of Hansraj. Shankerlal armed with 12-bore gun entered into the house of Hansraj and the other accused persons proceeded in the lane adjacent and towards the west of the said house. Allegedly, Ramnarayan exhorted the others to kill Ramkumar whereupon Shankerlal fired a shot which hit Ramkumar. Another shot was allegedly fired by Maniram at Ramkumar but the same missed the target and hit the wall. Manohar also allegedly tried to fire but he was unsuccessful. Ramkumar, as a result of multiple injuries, died on the spot. The motive for commission of the offence apart from the parties belonging to separate factions and contesting the elections in which allegedly Ramanarayan won, related an incidence which occurred 25 or 26 days prior to the date of occurrence, whence Krishna trespassed into the house of Poosaram Meghwal and a case under S. 376 of Indian Penal Code was registered against Krishna and Ramanaryan, in connection wherewith allegedly Ramratan and deceased Ramkumar helped Poosaram. It was further alleged that Hanuman, brother of Shankarlal, after five days of the said incident, visited Poosaram and abused him whereupon he was apprehended by deceased Ramkumar, Prithvi and Ramratan and handed over to the police.