MANA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by accused appellant Mana Singh against judgment dated 13.2.1S98 passed by Additional Sessions Judge No.1, Sriganganagar in Sessions Case No. 30/95 by which he has been convicted under section 302 Penal Code and sentenced to life imprisonment with a fine of Rs. 1000.00 and in default to further undergo two years rigorous imprisonment. He has also been convicted under Sec. 353 Penal Code and sentenced to two years rigorous imprisonment. He has also been convicted under section 27 of Arms Act and sentenced to three years rigorous imprisonment with a fine of Rs. 500.00 and in default to further undergo six months simple imprisonment. All the sentences were ordered to run concurrently.

(2.) The prosecution story as emerged from the file is that at 6.45 RM. on 7.11.1994 in Hanumangarh township near Suratgarh Phatak PW-6 Syonarain going on his motor-cycle No. RJ-31-M-163 was apprehended by three persons having muffled faces. One of them pulled out a pistol and put it on the chest of Syonarain and Snatched the motor-cycle from him. Syonarain immediately lodged a FIR in police station Hanumangarh resulting which wireless messages were sent on all check posts.

(3.) At about half post seven the above motor-cycle was apprehended by PW-1 Shyam Pratap Singh, PW-2 Manohar lal and Radhey Shyam (Since deceased).All these persons were working in home guard and were posted at check post Karadwala. These persons stopped the motor-cycle and checked its number. The three persons riding on the motor-cycle started running but were chased by these persons and Haredev Singh was caught red handed whereas out of remaining two one of them fired a pistol injuring Radhey Shyam who died instantaneously.