JAI CHAND Vs. STATE

JUDGEMENT

(1.) The appellant (Jai Chand) has been convicted under section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for two years for having been in possession of a rifle the licence in respect of which only his brother Hari Chand had, with the intention of using it unlawfully.

(2.) The case of the prosecution, in brief, is that he along with his two brothers Hukam Chand and Bishan Chand (the latter is absconding) in furtherance of their common intention of exterminating the members of both the families of Chhote Lal (deceased) and of Jagdish Chander (father of Shri Bhagwan deceased) committed on 9-1-1972 the murders of Chhote Lal, Shri Bhagwan, his brother Anil Kumar and mother Smt. Laxmi Devi. These murders are alleged to have been perpetrated to avenge the murder, in 1970, of their brother Kishan Chand alias Billoo. Rajbir son of Chhote Lal and Shashi Bhagwan the brother of Shri Bhagwan, were suspected in that connection ; they were also convicted by the trial court for the said murder. This Court, however, acquittedhem.

(3.) The appellant along with his brother Hukam Chand went to the shop of Chhote Lal in the bazar in village Mahipal Pur at about 4 p.m. on 9-1-1972 when Chhote Lal was shot with a rifle and also hit with Pharsha. Jai Chand took the rifle from his brother Bishan Chand, who had fired a shot earlier at Chhote Lal; Jai Chand also fired from it. Subsequently Jai Chand and Hukam Chand are said to have proceeded towards the house of Jagdish Chander and in the street near the house of Mukhtiar master, Hukam Chand dealt Pharsha blows on Jagdish Chander's wife Smt. Laxmi Devi and his young son Anil Kumar, whereas Jai Chand hit both of them with the butt end of the gun. Pieces of the butt are said to have fallen down at the place where Smt. Laxmi Devi and Anil Kumar had fallen down. Jai Chand is also said to have made a disclosure statement on 13-1-1972, soon after he was arrested, that he had thrown the rifle and some cartridges, packed in a gunny bag, into a well near village Mahipal Pur and that he would point out the well after he was taken there Jai Chand took Public Witness 30 and pointed out the well. On 16-1-1972 the rifle along with some cartridges were recovered from the well with the aid of divers even after pumping out water. The Ballistic Expert, Dr. O. P. Chub (not examined in this case) was said to have been present for the purpose of testing the rifle as soon as it was taken out of the water for the purpose of finding out the time of discharge from the said rifle.