RAMESHWAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment passed by the learned Additional Sessions Judge, Sikar dated 15th Jan., 1977 by which he convicted the appellant for the offences under sections 302 and 307 Indian Penal Code and sentenced him to imprisonment for life and a fine of Rs. 500.00 in default to undergo two months rigorous imprisonment on the first count and eight years rigorous imprisonment and a fine of Rs. 200.00 in default to undergo one months' rigorous imprisonment on the second count.

(2.) Briefly stated the facts of the case leading to the trial of the appellant ate that on 4.4.74 at 8.00 p.m. Baluram (P.W.8) resident of village-Khcri Tehsil was going from his house towards the village to extend invitation for 'Bhat' ceremony in connection with the marriage of his cousin. When he reached near the peepal tree (fig tree) standing on the ground out side his house, he saw the appellant Rameshwar standing there alone with Beyta, Kushla and Ramkumar. On seeing him, Ramkumar cried out that enemy was coming towards his house, at which his companions Beyta, Kushla and Ramkumar told him what was there to see he should accomplish the task. Baluram stopped there hearing their talks Rameshwar while pointing his pistol towards him gave a warning that he was going to be shot at and immediately thereafter he fired three shots but none hit Baluram because he had hidden himself behind the people there. On hearing the report of the pistol Bhagwan, Amarsingh and Hasankhan reached their and enquired from Baluram about the matter. Meanwhile Manguram 'P.W.17,. Gordhan. Sharwan (P.W. 15). Bhagwanaram (P W.7), Nathusingh (P.W.6) and Mst. Surji (P. W. 11) also reached their and enquired from Baluram whether he had sustained any injury. Baluram replied in the negative. All these persons then proceeded towards the house of Baluram. Just then Beyata, Kushla and Ramkumar who were standing near by instigated Rameshwar that the enemies were going collectively and he should do away with them. When Baluram and others accompanying him had reached in between the peepal tree and electric pole. Rameshwar throw one hand granade which fell at a distance of 5-7 paces from them. The hand granade burst out and its splinters hit Baluram and nine other persons who were with him. They all except Mst. Surji who had fallen on the ground at the spot went away from there. Rameshwar was said to have sat down near Mst. Surji telling that he would not allow any body to lift Mst. Surji from there. On reaching the house, Gordhan became unconscious and the injured person brought Gordhan in a camel-cart to Laxmangarh. Baluram lodged a written report Ex. P. 6 at Police Station Laxmangarh on 5-4-75 at 3.15 P. M. and then he along with other injured, proceeded to Sikar Hospital by train. In the way between Laxmangarh and Sikar Gordhan breathed his last. The injured along with the dead body of Gordhan went to hospital Sikar where Dr. B. P. Jangid (P. W. 4) examined the injuries of the injured persons and conducted postmortem examination on the dead body of Gordhan the same day.

(3.) Dr. Jangid examined Baluram and found one lacerated wound 3/4" x 1/2" x 1/2" on the back of the left upper arm. The injury was simple. X-ray was advised to determine the nature of the weapon used. The X-ray report revealed a big radio opaque shadow in his left shoulder region. On its basis Dr. Jangid opined that the injury was caused by some gun powder blast. The injury report prepared by Dr. Jangid is Ex.P.8