DALBEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The District and Sessions Judge, Bharatpur has convicted the appellant Sec. 302 and 307 Penal Code and sentenced him as under:- <FRM>JUDGEMENT_90_LAWS(RAJ)2_19911.html</FRM> Against this conviction made on 24th Jan., 1990, the appellant Dalvcer has preferred this appeal. Along-with Dalveer, his father Ramjilal was also tried for the same offence but he has been given the benefit of doubt and acquitted.

(2.) The first information report in this case was lodged by PW/7 Devi Singh and the report is Ex P/18. According to this first information report, the incident out of which the case arises occurred on 29th June, 1988 in the morning time Ramjilal and Dalveer were digging sand near the house of Dalveer, who was the uncle of Devi Singh. At that time Rajveer and Vipti told them not to do so but they persisted and when there was some further exchange of hot words. Dalveer ran towards his house, took a gun and went to his roof, then fired at Vipti. The second fire was made at Rajveer. They started running then Dalveer fired again and one girl Mahadevi was also injured. For Ramjilal it was alleged that he gave blows by lathi. A number of persons namely Budha and Darab Singh also came there, soon after the incident. The injured persons were sent to the hospital for treatment. This report was made at Police Station Kumher and upon this, a case under Sections 323,307 and 34 Penal Code was registered. Rajveer expired on the same day and the case was also registered under Sec. 302 IPC.

(3.) PW/1 Dr. Bhopal Singh, conducted post mortem on the body of Rajveer and he found the following injuries:-