POKAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.1.1981 passed by the learned Sessions Judge, Pali convicting the appellant for offence under section 302 Penal Code and sentenced to imprisonment for life. He has also been convicted for offence under sections 25(A) & 27 of the Arms Act and sentenced to undergo one year's rigorous imprisonment and to pay a fine of Rs. 150.00, in default of payment to further undergo one month's rigorous imprisonment. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case as disclosed during the trial is that on 29.4.1979 on the auspicious occasion of Akshay Tratiya, the marriage of 3 daughters of Dhanna Ram, the brother of the accused-Pokar Ram, were performed in village Bera Ki Dhani. The bridgeroom parties had arrived from the different villages namely Leeliya, Falka and Nayagaon. On the evening of 1.5.1979 all had assembled to give send off to the different marriage parties. Deceased Shankar Ram was the elder member of the bridegroom party of village Leeliya. He parked the tractor in front of the house of Dhanna Ram and occupied the driver seat. Some of the members of bridegroom party were sitting in the trolly attached to the tractor and some were going to sit in it. At the time, accused-Pokar Ram approached to Shanker Ram and advised him to give custody tips to Drummer (Dholi) and Cobbler (Sargara) etc. Deceased-Shankar Ram replied that bridegroom party was not liable to pay such sort of tips. This led to oral altercation between deceased and accused-Pokar Ram. Accused-Pokar Ram giving threat entered in the house and soon returned with a gun and fired aiming at Shankar Ram. The pellet hit on the right side of the neck of Shanker Ram, on account of which he fell down. While accused was trying to escape from the place of incident, PW 1 Nathu Singh chased him, but accused-Shanker Ram threatened him to face the same consequence if he followed him. Shanker Ram was immediately taken in the trolley to the hospital at Merta City for treatment. He succumbed to the injury on the way. On the next day, PW 5 Gokal Ram lodged the First Information keport Ex. P/3 at 5.30 a.m. at Police Station, Kalu. On this information, police registered a case and proceeded with investigation. After usual investigation, the police laid charge-sheet against the appellant for offence under section 302 Penal Code 25 and 27 of the Arms Act.

(3.) The appellant pleaded innocence and claimed trial. The prosecution in support of the case examined 15 witnesses. The appellant in his statement under section 313 Crimial P.C. denied the correctness of the prosecution evidence appearing against him. It was also stated that after the marriage was performed, to enjoy the occasion, guns were fired and at that time accidently a pellet coming out of some gun might have struck to the deceased-Shanker Ram. He also stated that a false case has been foisted at the instance of Gokal Ram as he had not obliged by accepting the proposal for the marriage of his daughter with his son. In support of the defence 11 witnesses were examined. The trial Court analysing the evidence found the charge of murder proved against the appellant. Accordingly, he convicted and sentenced the appellant as noticed above.