LAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 4. 11. 1997 passed by the Additional Sessions Judge, Barmer, convicting appellant for offence under Section 302 I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-; in default of payment to further undergo 15 days simple imprisonment. The appellant has also been convicted for offences under Section 7/25 Arms Act and sentenced to under go 1 year rigorous imprisonment and to pay a fine of Rs. 100/-; in default of payment to further undergo 15 days rigorous imprisonment. Both the sentence have been ordered to run concurrently.

(2.) BRIEFLY stated the prosecution case is that on 2. 6. 94 at about 11:20 A. M. , P. W. 1 Ladu Ram gave a written report Ex. P1 to P. W. 18 Babulal S. H. O. , Police Station, Barmer stating inter alia that at about 11:00 A. M. , he had gone to see his brother Harlal on the roadways Bus Stand, where he was on duty in the Enquiry Cabin. At that time appellant Lal Singh along with Jai Singh, Veer Singh and Bal Singh were found moving on the Bus Stand. Lal Singh was carrying a weapon like pistol. Har Lal was working in the Cabin. In his front P. W. 2 Mota Ram was standing. Appellant Lal Singh entered in the Cabin and from the rear side, fired the pistol, which hit in the back of Harlal and passed through. Jai Singh, Veer Singh and Bal Singh exhorted appellant Lal Singh to re-fire as the enemy was not killed. They also assured him that nothing wrong will happen to them as Advocate Roop Singh will take care of them. P. W. 3 Narayan Ram approaching to Harlal from the nearby Cabin also witnessed the incident. Lal Singh after firing the shot took heels with Jai Singh, Veer Singh and Bal Singh. He ran towards the house of Roop Singh and entered therein. Other accused persons Jai Singh, Veer Singh and Bal Singh taking advantage of the crowd disappeared. He along with Mota Ram and Narayan along with number of other persons which included Hema Ram, Achla Ram etc. chased Lal Singh and reached at the house of Roop Singh. The police also arrived there. Lal Singh was apprehended in the house of Roop Singh along with pistol. He also stated that all the accused persons hatched a conspiracy to kill Harlal. They wanted to settle score with Harlal for the murder of one Kan Singh. He also stated that Bhanwara Ram and some other persons took Harlal to the Hospital. On this information police registered a case for offence under Section 307, 120 B I. P. C. and 7/25 Arms Act at about 11:40 A. M. at the Police Station, Barmer and proceeded with investigation.

(3.) THE prosecution has examined P. W. 1 Ladu Ram, P. W. 2 Mota Ram, P. W. 3 Narayna Ram, P. W. 4 Hema Ram and P. W. 15 Bhanwara Ram as eye witnesses. P. W. 1 Ladu Ram is the brother of deceased Harlal. He has stated that Harlal was an employee of the Roadways posted at Barmer. On 2. 06. 1994 at about 11:00 A. M. Harlal was sitting in the Enquiry Cabin and doing his work at the Bus Stand of the Roadways. Mota Ram was standing in his front. He found Lal Singh, Jai Singh, Veer Singh and Bal Singh moving around the Cabin at the Bus Stand. Lal Singh was carrying a pistol in his hand. Lal Singh fired gun shot from the rear side of the Cabin hitting on the back of Harlal. THE bullet passed through the body of Harlal and hit the iron sheet of the cabin. Jai Singh, Veer Singh and Bal Singh exhorted Lal Singh to fire again as the enemy was still alive. THEy also uttered that Advocate Roop Singh will not permit anything to be done wrong with them. From the adjoining Cabin, Narayan Ram also arrived on the spot. Achla Ram and Hema Ram also arrived. After gun shot fire, Lal Singh ran away, he was being chased by him, Narayan Ram, Mota Ram, Hema Ram, Achla Ram and many others. Appellant Lal Singh entered in the house of Advocate Roop Singh. THEy surrounded the house of Roop Singh. Lal Singh was caught by the police. He returned to Bus Stand and took Harlal to the Hospital. He was unconscious. After some time, police also arrived there. He submitted a written report to the Circle Inspector. THErefore, the police visited the site. An empty cartridge was also recovered from the spot. After inspection, they returned to the hospital. Harlal succumbed to the injuries. He also stated that Lal Singh fired the gun at Harlal because of the enmity. THEre is lengthy cross-examination, but nothing substantial has been elicited to discredit the testimony of this witness. THE testimony of this witness is natural and trustworthy.