JEEVA @ JEEVA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) To challenge the judgment dated 23.6.2003, passed by learned Additional Sessions Judge (Fast Track), Hanumangarh, convicting the appellant for commission of offences punishable under Section 302 IPC and 4/25 of the Arms Act, this appeal is preferred. By the judgment aforesaid, learned trial court sentenced the accused appellant for life term with a fine of Rs.1000/- and to further undergo one year's simple imprisonment in the event of default in payment of fine for the offence punishable under Section 302 IPC and for offence punishable under Section 4/25 of the Arms Act, he was sentenced to undergo one year's simple imprisonment with a fine of Rs.1000/- and to further undergo one month's simple imprisonment in the event of default in payment of fine.

(2.) The facts relevant for adjudication of this appeal are that on 9.7.2002 at about 10:00 AM on basis of a spot statement given by Ramnarayan son of Gopalram, the Station House Officer of Police Station Peelibanga registered a criminal case and initiated investigation for the offence punishable under Section 302 IPC and Section 4(1)(b) of the Arms Act. As per the spot statement Ex.P/13, informant Ramnarayan, whose two daughters were married to the sons of deceased Jagdish, was staying with Jagdish from previous night of 9.7.2002. On 9.7.2002 at about 8- 8:30 AM when Jagdish proceeded on a moped to participate in some marriage rituals, the informant was sitting under a tree on a cot. Accused Jeeva then suddenly came out from his house and gave 3-4 sword blows to Jagdish, who fell down. Smt. Vimla wife of Jagdish and Bhagi, daughter of Jagdish who were also watching entire incident, immediately ran towards Jagdish. Assailant Jeeva ran away from the spot but after some time he was caught by Lakhveer Singh, Raju Singh, Chandu Singh etc. As per the spot statement Ex.P/13 Sukhcharan Singh then made a telephone at police station and gave information regarding the incident.

(3.) After regular investigation the accused was charge sheeted for the offence punishable under Section 302 IPC and Section 4(1)(b) of the Arms Act. The trial court framed the charges against accused for commission of offence punishable under Section 302 IPC and Section 4/25 of the Arms Act. On denial, regular trial was conducted during which 10 persons were examined as prosecution witnesses and 32 documents were exhibited to support the prosecution story. The accused appellant was put forth for examination as per provisions of Section 313 Cr.P.C. wherein he denied all the allegations levelled against him. Three documents were exhibited in defence. Learned trial court on basis of the evidence available by relying upon the statements given by eye witnesses and the medical evidence convicted and sentenced the appellant.