STATE OF RAJASTHAN Vs. RAJENDRA SINGH

JUDGEMENT

(1.) The State has filed these appeals as the respondent was not convicted by the High Court under Section 302, IPC and has been acquitted after setting aside his conviction under Section 304, Part I and Section 323, IPC by the Sessions Court, Bharatpur.

(2.) Briefly stated, the allegation against the respondent was that on 5-7-79 at about 6 A.M. he had caused the death of Harveer, his nephew, by firing two shots at him and also by giving stick blows. According to the prosecution this incident was witnessed by P.W. 1 Govind Singh, P.W. 2 Vimla, P.W. 3 Kastoori, P.W. 4 Bhan Kaur, P.W. 5 Teji, P.W. 8 Ramjilal and P.W. 9 Jeevan Singh. The defence of the accused was that he was attacked and injured by Harveer and others, that he had no gun with him and that whatever injuries were found on the persons of the other side were inflicted by his wife in order to save him. The trial Court believed the prosecution evidence and convicted the respondent under Section 304, Part I. The trial Court, however, did not believe the evidence of the prosecution witnesses against the co-accused Ghamandi and acquitted him.

(3.) Aggrieved by his conviction, the respondent filed an appeal before the High Court. The State had also filed an appeal against the acquittal of the respondent under Section 302, IPC.