KALUA @ KOSHAL KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals arise out of the judgment and order dated 18th August, 2008 passed by the High Court of Gujarat at Ahmedabad in D.B.Crl.Appeal No.10/2005 and D.B.Crl.Appeal No.99/2005 in and by which the High Court affirmed the conviction of the appellants under Section 302 read with Section 34 I.P.C. and sentenced them to undergo imprisonment for life.

(2.) The case in a nutshell is as follows. On the complaint lodged by one Prem Shankar (PW-9) on 17th September, 1999 stating that at about 5.00 p.m.the deceased-Lakhan was busy in the main market Bayana in inspection work of safai Karamcharis of Municipal Council/Corporation. At that time Lakhan was surrounded by Susya @ Lokesh (A-4), Pintoo @ Kamal Kishore (A1), Laddu @ Mool Chand (since acquitted), Dinesh (A-2), Kalua (A-5), Satish (A-3) (since Acquitted) and other persons who were armed with gun and weapons. Pintoo @ Kamal Kishore (A-1) and Kalua @ Koshal Kishore (A-5) opened fire in the air in order to create terror in the market. Susya @ Lokesh (A-4) fired at Lakhan from his katta (country made gun) which hit on the left side of the abdomen of Lakhan, and thereafter all the accused fled away from the spot. Prem Shankar (PW-9) and other persons present on the spot admitted the injured Lakhan in a hospital and during the treatment at hospital Lakhan succumbed to his injuries. Initially a case was registered under Section 307 I.P.C. against the appellants but after the death of Lakhan FIR was altered to Section 302 I.P.C.

(3.) Upon consideration of evidence of Prem Shankar (PW-9) and Rakesh (PW-12) and that there was recovery of empty cartridges from the scene of occurrence and recovery of country made gun (katta) from Pintoo @ Kamal Kishore (A-1), the Trial Court convicted Pintoo @ Kamal Kishore (A-1), Kalua @ Koshal Kishore (A-5) and Susya @ Lokesh (A-4) under Section 302 read with Section 34 I.P.C. and sentenced each of them to undergo life imprisonment. The Trial Court acquitted Dinesh (A-2) and Satish (A-3) and also Laddu @ Mool Chand. In appeal, the High Court affirmed the conviction of the appellants, as aforesaid in para (2).