CHET RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) HAVING been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000/ - in default whereof to further undergo RI for six months by the Additional Sessions Judge, Rewari in Sessions Case N6.25 of 1996 decided on January 3,1997, the appellant -Chet Ram has filed this appeal.

(2.) AS per the prosecution case, the informant Pitambar Dutt (PW -9), who was working as a Peon in the Syndicate Bank, Railway Road Branch, Rewari, made the statement that on 24th April, 1996 the Bank opened at about 8 a.m. and at about 10 a.m. when all the employees including Raj Singh Yadav, the Manager of the Bank, were sitting at their respective seats, Jagmal Singh Yadav, Assistant Manager of the Bank asked the informant to accompany him to the strong room to take out cash and when the informant and the said Jagmal Singh Yadav went into the strong room, the appellant (Chet Ram son of Rakhal Ram), who was a retired military personnel and working as a Guard in the Bank, also accompanied them to the strong room while holding 12 bore double barrel gun provided to him by the Bank for duty purposes. While they were in the strong room, Mohinder Kumar Gupta, Assistant Manager of the Bank also joined them. Meanwhile, Chet Ram pointed his gun at Jagmal Singh and despite Mohinder Kumar Gupta warning to the appellant as to what he was doing, the appellant fired a shot with his gun which hit Jagmal Singh on the right side of the chest due to which he fell down in the strong room and blood started oozing out. Said Jagmal Singh was rushed to the General Hospital, Rewari where he died. The aforementioned information led to the registration of the FIR (Ex.PO/1) at 10.50 a.m. in the Police Station City Rewari, a special report of which was received by the Chief Judicial Magistrate, Rewari at 1.30 p.m. on the same day.

(3.) P .W.8 Dr.Sudarshan Kumar Panwar, who had conducted the post -mortem examination on the dead body of the deceased Jagmal Singh, found that rigor mortis was present in upper limb and on local examination, the following wounds and injuries were there: -