BANSILAL Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge, Bali dated 27.5.1988, whereby the learned Judge has convicted the accused appellant under Sec. 302 I.P.C. and sentenced him to imprisonment for life. By the same judgment the appellant was also convicted under Sec. 307 I.P.C. and sentenced to five years rigorous imprisonment. The learned Judge also convicted he accused appellant under Sections 25 and 27 Arms Act and sentenced him to one year's rigorous imprisonment on both the counts. All the sentences were directed to run concurrently.

(2.) The brief facts giving rise to this appeal are that on 11.3.1983 at 9.30 P.M. one Chhagan Lal filed a written report with the S.H.O. Police Station Rani. It is alleged therein that on that evening at about 7.30 P.M. the informant was working in his shop. His shop is situated at the bus stand Nadol. His brother Tarachand, and Ramlal driver of the jeep were taking food inside the shop. Champalal was also sitting there and was talking. Out-side the shop, his father Lakhmaji, Ali Ahmed, Bhanwar Singh, Kenaram, Sarupa., Sargara were sitting on the cot and chair and were talking. At that time Galiya Sargara, who was sitting at the Chabutara, was also talking. The accused armed with a gun passed through the shop. When he passed through the shop Galiya told them that he is his son-in-law and some dispute is going on with him. He apprehended that he might create some problem at the house. After some time the accused came back from the village towards the shop. Then Champalal after talking to his brother came out. At that time accused Banshilal with the intention to kill Galiya fired a shop. As a result of this firing Galiya and Tarachand, his brother and Ramlal who were taking food inside the shop were seriously injured. Galiya received injuries on his back, Tarachand received injuries on his temporal region and Ramlal driver received injuries on the head. He also stated that they were immediately take to the Hospital. Accused Banshilal was apprehended with the help of Ali Bhai and his gun was also smatched. On the advice of Doctor. Tarachand was shifted to Pali, where the Doctors declared Tarachand dead. The gun which was snatched from accused Banshilal was also handed over to the S.H.O. Police Station, Rani. On the basis of this report, the police registered a case under Sections 302 and 307 I.P.C. and Sections 25 & 27 of the Arms Act. After close of the investigation, the Prosecution filed a challan in the court of concerned Magistrate and ultimately the case was committed the court of Sessions. The prosecution in support of its case examined as many as 22 witnesses and got a large number of documents exhibited. The plea of the accused was that his father-in-law was not sending his wife and he got a search warrant issued for the same. But his wife was available. When he was waiting for the bus at the bus-stand at that time his brother-in-law Dariyav and his father-in-law Gala came over there and gave him a beating. It is alleged that as a result of this beating he fell unconscious and regained his consciousness on the next morning at the Nadol Hospital. He denied the firing at the shop as well as the recovery of the gun from him. But he did not examine any witness in defence.

(3.) The learned Additional Sessions Judge. Bali after due trial convicted and sentenced the accused Banshilal as aforesaid. Hence, the present appeal.