HEM RAJ Vs. RAJA RAM

JUDGEMENT

(1.) Both these appeals arise from the common judgment passed by the High Court of Rajasthan on 24-9-1996 in D. B. Criminal No. 353 of 1990, whereby the acquittal of three accused persons was confirmed. Criminal Appeal No. 656 of 1997 is filed by the de-facto complainant and the Criminal Appeal No. 657 of 1997 is by the State.

(2.) The respondents Raja Ram, Hari Padam and Pappu alias Raj Kumar were charged under Section 302 read with Section 114, IPC and Sections 25 and 27 of the Indian Arms Act. The case against these respondents is that they caused the death of one Mota Ram son of Dana Ram at about 5.30 p.m. on 3-1-1985. P.W. 1 Hem Raj, the appellant in Criminal Appeal No. 656 of 1997 preferred the First Information statement before the Police on 3-1-1985 itself at about 9.00 p.m. In the F.I. Statement, he stated that he along with deceased Mota Ram was proceeding to their field and Mota Ram was walking about 15-20 steps ahead of him. The accused respondents suddenly emerged from the neighbouring field and accused Hari Padam shouted that enemy had come and that he had to be finished. Thereupon Raja Ram and Pappu alias Raj Kumar took out their pistols and fired at Mota Ram. On receiving that bullet injuries, Mota Ram fell on the ground. Immediately, Gangajal, brother of Mota Ram and one Hans Raj came there and all of them took the injured Mota Ram in a jeep to the hospital at Sri Ganganagar where Mota Ram was examined by a doctor who declared him dead. P.W. 1 then came to the Ghamudwali Police Station where he filed the F.I. Statement.

(3.) The police took up the investigation and held inquest over the dead body. Two shoes were recovered from the place of occurrence. Blood smeared soil was collected and an empty "khokha" was recovered from the place of incident. The accused Raja Ram was arrested on 13-1-1985 and at his instance, a pistol was recovered. Pappu alias Raj Kumar was arrested on 14-1-1985 and another pistol was recovered from him. Both the pistols along with the empty "khokha" were sent to Forensic Science Laboratory and Exh. 21 was submitted by the expert.