RAJU Vs. STATE

JUDGEMENT

(1.) Raju was charged for committing the murder of Smt.Shashi Rai and firing upon Ajay thus causing bullet injuries on his person in furtherance of common intention with one 'A' a juvenile. Vide impugned judgment dated July 16, 2014 the learned Trial Court has convicted Raju for the offence punishable under Section 302/34 IPC, 307/34 IPC and 25 Arms Act and has sentenced him to undergo imprisonment for life and to pay fine in sum of Rs. 50,000/- for the offence punishable under Section 302/34 IPC; to undergo rigorous imprisonment for 7 years and fine in sum of Rs. 50,000/- for the offence punishable under Section 307/34 IPC and to undergo simple imprisonment for a period of 1 year for the offence punishable under Section 25 Arms Act vide the order on sentence dated July 22, 2014.

(2.) Learned counsel for Raju assailing the impugned judgment contends that the version of Ajay Rai PW-2 casts a doubt on the presence of Preeti PW-1. Further version of Ajay Rai is not corroborated by any other evidence. The recovery of fire arm is not connected to the offence committed. Even as per the version of the prosecution when the juvenile tried to run away the deceased tried to catch him and the firing took place. There is no evidence on record to suggest that Raju shared common intention with 'A' hence he be acquitted of the charge under Section 302/34 IPC. The incident did not take place in a pre-meditated manner and was on the spur of moment pursuant to an altercation with the deceased. It might be possible that it is Ajay Rai who came up with a loaded country made pistol and during the scuffle between Ajay and Raju firing took place in which Ajay Rai sustained injuries. There is no allegation that Raju exhorted 'A' who fired the deceased.

(3.) FIR No.7/2008 was registered at PS Swaroop Nagar under Section 302/307/34 IPC and 25/27 Arms Act on the statement of Preeti PW-1 who stated about harassment caused to her by Raju. She told this fact to her father who made Raju understand that he should not trouble Preeti, however Raju continued expressing his love for Preeti and wanted to marry her. Preeti and her parents had refused the marriage alliance between the two. Despite the same he kept troubling her while she used to go out of the house. On January 19, 2008 at about 11.15 AM while she was coming from tuition, Raju called Preeti but she did not pay heed to him. Thereafter Raju stopped her on the way and threatened her that they would have to face the consequences of their act. She came home and informed her parents. Around 1.00 O'clock she along with her mother went out of the house and in the corner of the gali they found Raju and 'A' sitting on the tea stall. When her mother tried to make Raju understand, Raju started abusing her mother and Raju's friend also joined him. Hearing the noise of quarrel Preeti's brother Ajay came out. Raju fired a shot which hit her brother and he fell down. When her mother tried to intervene 'A' fired a shot on her chest and thereafter both of them ran away. Preeti appearing as PW-1 deposed in sync with her statement on the basis of which FIR was registered.