RAM GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by special leave is by an accused who was convicted under S. 302, IPC for murdering his nephew (Gopinath) by firing a gun. The trial Court and the High Court has concurrently found that appellant had intentionally fired the gun and caused the death of Gopinath. The defence version that the fire-arm got accidentally triggered off in a scuffle was not accepted by the two courts.

(2.) The case of the prosecution was that accused-Ram Gopal and his brother's sons were at loggerheads, years ago Ram Gopal had murdered the father of Gopinath. On the evening of the date of occurrence (24-6-1985) there was a quarrel between deceased and appellant about which a complaint was made by the deceased with the police. In the night, by about 11 p.m. when the deceased was trying to repair an electric lamp appellant fired his rifle at him through the window which resulted in Gopinath falling down dead. His brother Vishwanath (PW-1) rushed to the scene and appellant aimed a gun shot at him also but he escaped by ducking down. The another brother Bharat Bhushan rushed up who too was targetted, but target missed and Bharat Bhushan caugh hold of the fire-arm and there ensued a scuffle between the two. Police came to the scene and nabbed the appellant.

(3.) Though PW-1 Vishwanath has not seen the crucial act of firing at the deceased his evidence reached very close to the version of an eye-witness. He gave first information to the police on the same night. Two eye-witnesses PW-2 (Asha) and PW-3 (Maya) are sisters of the deceased. PW-4 Bharat Bhushan narrated the incident which took place after he reached the scene which of course was subsequent to the shooting down of the deceased.