AMBA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Section 374(2) of the Criminal Procedure Code is directed against the judgment of conviction and order of sentence dated 16/01/1998 passed by the learned Judge, Special Court (Communal Riots) and Additional Sessions Judge, Tonk by which he has convicted appellant Amba Lal for offence under Section 302, I. P. C. and sentenced him to undergo life imprisonment and to pay a fine of Rs. 200.00, in default of payment of fine to further undergo one month's imprisonment. Under Section 3/25 of the Arms Act, the appellant has been sentenced to suffer three years' imprisonment and to pay fine of Rs. 200.00, in default of payment of fine to further undergo one month's imprisonment.

(2.) The relevant facts giving rise to this appeal are that on 17-4-1996 at 11.30 a.m. Dev Lal P. W. 1 submitted a written report Ex. P. 1 on the spot to SHO Police Station Dooni, District Tonk alleging therein that in the morning, he left the house for Raj Mahal for some work where his mother Smt. Nandu PW 2 informed him that in the morning at about 7.00 a.m. some altercation was going on in between Amba Lal and Nanda in connection with the way for going to fields. She went there to comprehend them. She further informed that Amba Lal fired gun shot at Nanda and thereafter ran away from there. Nanda fell down on the ground and died. It was mentioned that Nanda smeared with blood was lying at the place of occurrence. It was further mentioned that he informed the police telephonically on the same day. It was mentioned that his mother and wife Kailashi had seen firing of gun shot at his brother. The police on the basis of this written report registered a case for offence under Section 302, I. P. C. and 3/27 of the Arms Act vide FIR No. 73/96 Ex. P. 12 and proceeded with investigation.

(3.) During investigation, the police inspected the site and prepared the site-plan. Ex. P/3, inquest report Ex. P. 2, and seized the blood smeared soil vide memo Ex. P. 6, blood stained shirt of deceased vide Ex. P. 7 and Controlled soil vide Ex. P. 8. The police got conducted post mortem on the dead body and collected the post mortem report Ex. P. 4.