MAHAVEER PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this D.B.Criminal Appeal No.89/2004 appellants Mahaveer Prasad s/o Manphol Ram and Manphol Ram s/o Sada Sukh, b/c Suthar Bishnoi, r/o Chak 2D, Chhoti Dhani, Sadhuwali, District Sriganganagar, have challenged the judgment and order of sentence passed in Sessions Case No.31/2003 by which the learned Additional District and Sessions Judge ( Fast Track), Sriganganagar, held the accused appellants guilty for the offence under section 302/34 and 307/34 IPC and awarded the sentence to each of the appellant for offence under section 302/34 IPC to life imprisonment and a fine of Rs. 1,000/- and in default of payment of fine to further undergo six months' rigorous imprisonment and for the offence under section 307/34 IPC, to undergo seven years' rigorous imprisonment and a fine of Rs. 1,000/-, and in default of payment of fine, to further undergo six months' rigorous imprisonment, respectively and accused appellant Manphol s/o Sada Sukh was further held guilty for offence under section 27 of the Arms Act and has been awarded sentence for three years' rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine, to further undergo three months' rigorous imprisonment.

(2.) The brief facts of the prosecution story, arising to this appeal are that, on 09.04.2003 the complainant Murari Lal filed a written report in the police Station Jawahar Nagar, Sriganganagar stating that he resides at Chack 2 D Chhoti Sadhuwali Dhani and his land is adjoining to the land of Manphol Sudhar Bishnoi. Several times quarrel took place between them regarding the boundary wall of their lands. On the fateful day, at about 05.00 PM, when he was working in his field along with his brothers Kishan Lal and Banwari Lal, Manphol Ram and his son Mahaveer came on the spot with their tractor. Mahaveer was driving the tractor and Manphol was armed with a double barrel rifle. Complainant's brother Raja Ram also came there from his Dhani. On seeing Raja Ram, Manphol and his son started to abuse them and told them regarding encroachment of their own land. After a hot exchange between them, Manphol and Mahaveer excited on the spot and Mahaveer with a loud voice asked Manphol to shoot. On this, Manphol fired a gun shot on his brother Raja Ram, the fire hit Raja Ram on his chest and he fell down . Manphol again fired a shot towards them but fortunately they escaped. When they made hue and cry then both of the assailants ran away in their tractor. Raja Ram succumbed to the injuries on the spot. On the basis of this information, a criminal case No.131/2003 was registered at Police Station, Jawahar Nagar and investigation commenced.

(3.) During the course of investigation the statement of the witnesses were recorded , licenced gun was recovered at the instance of the accused appellant Manpohol Ram, along with cartridges .