NARAYAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Sessions Judge, Sirohi has convicted Narayan Lal for offences u/ss. 302 and 450, I. P. C. in Sessions Case No. 2/84 (94/84) vide judgment dated 9. 7. 86. For offence u/s. 302, I. P. C. Narayan Lal has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-and in default of payment of fine to undergo further R. I for one month. By this very judgment Kanti Lal has been convicted of offence u/s. 450, I. P. C. and has been sentenced to undergo R. I. for five years and to pay a fine of Rs. 100/- and in default of payment of fine to undergo further R. I. for one month. Kanti Lal was also tried for an offence u/s. 302 read with s. 34, I. P. C. but has been acquitted of the said charge. Narayan Lal and Kanti Lal have filed D. B. Criminal Appeal No. 265/86 challenging the legality, correctness and propriety of their convictions and sentences recorded by the learned trial court. D. B. Criminal Appeal No. 403/86 has been filed by the State of Rajasthan with the leave of this Court against the acquittal of Kanti Lal for offence u/s. 302 read with s. 34, I. P. C.

(2.) THE learned Munsif & Judicial Magistrate, Sirohi tried accused Narayan Lal for various offences including offence u/s. 25 Arms Act in Criminal Case No. 529/83 and he found Narayan Lal guilty of offence u/s. 25 Arms Act by his judgment dated 25. 8. 86 and sentenced him to undergo R. I. for one year and to pay a fine of Rs. 200/- and in default of payment of fine to undergo further R. I. for one month. Aggrieved, he filed Criminal Appeal No. 44/86 before the learned Sessions Judge, Sirohi. This appeal was dismissed by the learned Sessions Judge, Sirohi. Aggrieved, Narayan Lal has filed S. B. Criminal Revision Petition No. 2/89.

(3.) THE prosecution story is that Narayan Lal had been hit by the gun shot on the abdomen and he started bleeding. Soon after-wards Moti Lal (P. W. 11) rushed to Police Station, Mandar which was at a distance of one furlong from the scene of occurrence. Before proceeding to Police Station, Mandar, Moti Lal scribed a report about the incident and lodged the same with P. W. 16 Ram Singh, S. H. O. On the basis of this report Ex. P. 11, Ram Singh registered a case for offence u/s. 307, I. P. C. It is alleged that the formal F. I. R. (Ex. P 17) was recorded at 9. 05 p. m. and Ram Singh immediately rushed to the spot.