CHARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Instant appeal has been filed under Section 374 Criminal Procedure Code against the judgment dated 16.2.1994 passed by the Addl. Sessions Judge, Hanumangarh (Camp Sangaria) in Sessions Case No. 65 of 1993 whereby the learned, trial Court acquitted the appellant of the charge under Section 302 Indian Penal Code but convicted him for commission of offence under Section 27, Arms Act and sentenced him to undergo rigorous imprisonment for one year and pay fine of Rs.200/-.

(2.) As per facts of the case, on the basis of statement of PW-4 Rajesh Kumar, an F.I.R. was registered against the appellant for alleged offences under Section 302, Indian Penal Code read with Section 27, Arms Act at Police Station Sangaria, in which, it is alleged that he is salesman at Theka Sharab situated at Nukera. On 11.4.1993, at about 12 A.M. In the noon, deceased Chanan Singh came at the wine shop along with Charan Singh for buying liquor. When they were drinking liquor a quarrel took place in between them and, all of a sudden, accused Charan Singh took out fire arm and fired shot at Chanan Singh. Due to that fire-arm shot received in the abdomen, Chanan Singh died. Accused ran away from the place of occurrence.

(3.) Police Station Sangaria registered case under Section 302, Indian Penal Code, read with Section 27, Arms Act against the appellant and, after investigation, filed challan against the appellant for offences under Section 302, Indian Penal Code read with Section 27, Arms Act.