RAM BABU & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two accused appellants were tried along with eight others by the learned Additional Sessions Judge. Dholpur in Sessions Case No. 61/19-86, the two accused appellants were convicted by the learned Additional Sessions Judge under his judgment dated 17th Dec. 19 6 under section 307 I.P.C. and each of them was sentenced ;o undergo 7 years R. I. and to pay fine of Rs. 10 000.00 and in default of payment of fine to further undergo one year R; I The learned Additional Sessions Judge also ordered that in case the tine is realised, then a sum of Rs. 10,000.00 shall be paid to Jado Singh injured.

(2.) Before I take up the facts and go into the arguments advanced before me in this appeal, it may be stated that there was also a cross case being Sessions case No. 60/1986, State Vs. Jado Singh and others and that case was also simultaneously tried by the learned Additional Sessions Judge. Dholpur. The learned Addl. Sessions Judge under his judgment dated 15th Dec. 1986 had acquitted all the accused-persons in that case and a criminal revision petition No. 116/87 has been filed by Nathi, complainant in this court which has been dismissed by a separate order.

(3.) In brief the case of the prosecution so far as the present appeal is concerned, is that on 11th March 1982 in Ratanpura villige, there was restling competition and Jado Singh PW 11, Gulab Singh PW 6 and many others from the side of the complainant and two accused appellants along with nine others, who have been acquitted, had gone to witness it* The case of the prosecution is that one Vinod S/o Prem Singh Jado PW 11 and others left the place where the wrestling competition was going on in the village. They came to the house of Prem Singh and were sitting on a platform. Gulab Singh and others also arrived there and they were also sitting there and Har Prasad PW 2 and Bhagwan Singh PW 3 also arrived there and they also were sitting on the platform. Then the two accused appellants along with nine others, who have been acquitted came inside the house and they were armed with lathis, farsa and guns. Rambabu and Amiri were armed with 12 bore gun, Bhagwan Singh and Moola were also armed with guns and the others were armed with lathis and farsas. The accused persons started hurling abuses and some of the accused persons threw stones. It is alleged that the accused appellants and Amiri fired with their respective guns. The pellots fired by the gun of Rambabu had hit Jado and Jado also received the pellot injury fired by Bhagwan Singh. Prem Singh received the pellot injuries fired by Moola and so far as Amiri Singh is concerned, he did not hit any on his body bat hit a tin shade which was opposite the room. A report of the incident was not lodged immediately and Jado who had received injuries was first sent to the hospital at Dholpur recorded his dyeing declaration which has been matked as Ex. D 9. It appears that the condition of Jado Singh was serious and, therefore, he was taken to Agra, a place near Dholpur where he got better medical facilities and Dr. I.P Elhence examined him. The injured Jado Singh was operated and it was revealed during operation that there was a whole and blood had collected there. The injury was repaired. It appears that while Jado Singh was confined in the hospital his dying declaration was recorded by the Magistrate which is produced. The dyeing declaration was recorded in Medical College Agra where Jado Singh was confined and the declaration was recorded before he performed the operation.