MAHAVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal is directed against the impugned judgment dated 15.05.2004 passed by the learned Additional Sessions Judge (Fast Track) No.1, Jhalawar in Sessions Case No.20/2004, whereby he has convicted and sentenced the accused-appellant as under:- Under Section 302 IPC Imprisonment for life and a fine of Rs.1,000/-, in default of payment of fine to further undergo one year's rigorous imprisonment Under Section 3/25 of the Arms Act One year's rigorous imprisonment and a fine of Rs.500/-, in default of payment of fine to further undergo six months' rigorous imprisonment.

(2.) BRIEFLY stated, the prosecution case is that Informant Harlal along with his brothers Radha Kishan and Nemi Chand lodged a report at about 08.15 a.m. On 27.09.1996, at Police Station Khanpur, District Jhalawar. It is stated in the report that at about 07.30 a.m. in the morning, Informant and his brother Radha Kishan were sitting outside their house. It is further stated in the report that while Nemi Chand, brother of Informant, was taking out the buffaloes, his brother Radha Kishan followed him. It is alleged in the report that accused Mahaveer S/o Ghasi Singh and Shyama @ Shyam Singh S/o Tejpal Singh came there armed with country made gun and Gandasi. On having seen the accused persons, the Informant understood that they are going to give beating to his brother. Therefore, the complainant came towards them and when he crossed the 'Bada' of one Ramcharan, he saw that the co-accused Shyam Singh opened fire on Radha Kishan with an intention to murder. Thereafter, the accused-appellant Mahaveer Singh opened fire with gun on Radha Kishan, which resulted in injuries on his forehead, chest and both the arms. Nemi Chand also sustained pellet injuries inflicted by a gun. Subsequently, accused Mahaveer and Shyam Singh ran away. It is also stated in the report that at the place of incident other persons, namely Prabhu Lal and Lalchand were also present. Radha Kishan is said to have become unconscious because of injuries sustained by him and he was unable to speak.

(3.) ON the other hand, the learned Public Prosecutor has supported the impugned judgment dated 15.05.2004 and submitted that the prosecution has proved its case beyond doubt so as to establish that it was the accused alone, who had committed the instant crime. She has further submitted that the report was promptly lodged within a time of less then one hour and the Police investigation commenced immediately thereafter. Further she has submitted that the statements of eye-witness Harlal (PW5) and injured witness Nemi Chand (PW6) clearly prove the prosecution case and there is no room of doubt in the statements made by them. She has also submitted that the prosecution case is fully corroborated by the medical evidence on record as Medico Legal Report (Ex.P14) as well as Post-mortem Report (Ex.P23) does establish that the deceased Radha Kishan died on account of gunshot injury. The weapon of offence, it is further stated, has been recovered in the instant case on the information given by the accused and as such, he has been rightly convicted for the offence under Section 3/25 of the Arms Act.