JETHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred by Jetharam against the judgment of the Rajasthan High Court allowing the appeal by the State against his acquittal by the Sessions Court and convicting him under S. 302 I.P.C. and sentencing him to imprisonment for life.

(2.) The short facts of the case, as spoken by P.W. 1, the main eye witness is that Jetha Ram, the appellant before us was having a flock of sheep in the village Barasinghsar. There was acute shortage of water and therefore the villagers protested against the appellant keeping a large flock when there was not even enough drinking water in the village. Because of the villagers' protest, Jetharam removed his flock to the adjoining villages but ultimately came back to the village and about two days before the occurrence P.W. 1 Jagannath had his turn to take water from the well in the village. The appellant Jetharam brought the flock to the well and began watering them. P.W. 1 Jagannath protested but Jetha replied that he would settle the matter on Holi and went away with the flock. On the full moon day (two days later) the villagers gathered at Ger Ki Gwar for celebration of Holi. They burnt Holi and when the villagers were enjoying the festival, some of them playing Kabaddi at about 10.00 P. M. the appellant Jetha fired a gun from the roof of the Govinda Sunar's shop. There were about 300-400 villagers assembled there at that place. As soon as the first gun shot was fired, one of the persons sitting at the Gwar raised a cry. A minute or two later another gun shot was heard. After hearing the second gun shot, people started running. P.W. 1 went to the house of Sarpanch and asked him to report the matter to the police. As Bega Ram, Sarpanch was ill, he directed P.W. 1 to go to the Railway Station and send a telegram. Immediately P.W. 1 went to the Station and despatched a telegram to the Superintendent of Police, Bikaner. In the telegram P.W. 1 stated as follows:-

(3.) After despatching the telegram P.W. 1 returned to the village and went to the Gwar and found other witnesses. He found six persons lying dead and 12 others injured by gun shot injuries. At about 3 or 4 A.M. on the same night the Sub-Inspector arrived in the village and inspected the dead bodies and examined the injured persons.