RADHA KISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal special leave is against the judgment of the High Court of Punjab and Haryana in Criminal Appeal No. 1284 of 1974 confirming the conviction of appellant, Radha Kishan under Section 302 Penal Code and Section 27 of the Indian Arms Act and the sentence of life imprisonment and three years' R.I. respectively awarded therefor.

(2.) Having regard to the evidence in the case and the defence taken by the appellant, the appeal raises a limited question viz. whether the appellant shot deceased Darya intentionally or accidentally.

(3.) Briefly stated the facts are as below. One Amar Singh, who was also tried with the appellant but acquitted of the charge under S. 302 read with S. 114 Indian Penal Code came from his village on 5-12-73 and took the appellant and Darya for "shikar". Amar Singh was having a licensed gun. On the 5th and 6th of December the "shikar" party could not get any game, and hence they started proceeding to another forest known as Papsar forest on the evening of 7-12-73. While going along a "kacha" road from Ferozepur to Rasulapur they passed the fields of Pala Singh (P.W. 2). Pala Singh and his farm servants saw the appellant and his two companions arguing in loud tones when they went along the "kacha" road . After the party had covered a distance of about 30-40, "karams" the witnesses heard the noise of a gun shot. When they ran to the place to find out what the matter was they saw Darya staggering and falling down and the appellant and Amar Singh trying to run away. On being chased and caught the appellant was found having a gun in his hands and Amar Singh was having a bandolier with cartridges in it. Darya died instantaneously as a result of the gun shot injury.