RAMCHANDER Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated August 31, 1976 passed by the Additional sessions Judge, Ganganagar by with appellant Ramchander was convicted for the offence under Sections 302, 307 IPC and Section 27 of Arms Act and sentenced to imprisonment for life and a fine of Rs. 200/ -, in default to undergo four months R.I. on the first count, eight years R.I. and a fine of Rs. 200/ -, in default to undergo four months R.I. on the second count and two years R.I. on the third count with an order that the substantive sentences awarded to him for the various offences shall rug concurrently,

(2.) BRIEFLY stated, the facts of the case giving rise ro this appeal are as under: - -Mahendra Singh, father of deceased Veer Singh and Mool Chand father of accused Ramchander were neighbours. About ten or twelve years prior to the incident Mahendra Singh had entered into a transaction regarding the sale of his land to Mool Chand. Mool Chand did not make the full payment of the cost settled and therefore, Mahendra Singh resold the land to one Kehar Singh. Mool Chand repurchased that land from Kehar Singh. Because of all this, relations between the parties had become strained. Mool Chand along with his family had left Chak 6F where the land was and went to Nainital. After that, about four years prior to the incident Mahendra Singh along with his family returned to Chak 6F and was residing in his house adjacent to the house of Mool Chand where the latter, along with his sons Lal Chand and Ramchander appellants, was residing. Mahendra Singh, his sons Diwan Singh (PW 1) and Veer Singh (deceased), his nephew Mal Singh (PW 10) and Dayal Singh (PW 7) and Shaitan Singh (PW 13) were involved in an excise case for the allegation of instilling illicit liquor. Ramchander appellant was a witness in that case. This also caused annoyance to Veer Singh deceased and his family. The she -buffaloes of Makhan Singh brother of Mahendra Singh had entered the field of Mool Chand and Ramchander. Navil, cousin of Ramchander, working at their field, took off the iron chains of the buffaloes. Mahendra Singh and his nephew Mal Singh asked Mool Chand to return the chains but could not succeed Thus there is alleged to be a long standing enmity between the family of Mahendra Singh and that of Mool Chand. On April 20, 1975 Veer Singh had gone to his field At about 3.00 or 4.00 P. M. Ramchandra appellant was returning from Ganganagar. When he reached near the field of Shyam Singh, there was not altercation between him and Ramchander, on the former reprimanding the letter, for making false complaint against him to the Excise Officer. Ramchander returned to Chak 6F. Veer Singh also returned to his house after sometime. At about 7 00 P.M. Ramchander hurled abuses to Veer Singh from the roof of his house. He had a gun with him at that time Veer Singh restrained him from hurling abuses. At this Mool Chand, father of the appellant and Lalchand his brother there in the threshold adjacent to their house instigated Ramchander by giving a 'lalkar' to shoot Veer Singh. Veer Singh by that time reached in the court yard adjacent to the court -yard outside his residential house. Ramchander fired the shot towards Veer Singh which hit him and he fell down on the ground. Mahendra Singh(PW. 6), Dayal Singh (PW.7), Khan Singh (PW.9), Smt. Rani (PW.3) and Smt. Maya Devi (PW.5) rushed to the place where Veer Singh was lying. Ram Chander fired four more shots with him, causing injuries to the persons mentioned above. Diwan Singh (PW. 1) brother of Veer Singh, was standing in the court -yard outside the residential house near the wall. He and Mal Singh(PW 10) brother injured Veer Singh to their house. Veer Singh succumbed to the gun snot injuries sustained by him. Diwan Singh, with Gurnam Singh went to Chak 6F for fetching a Jeep but could not succeed. They returned and went on the bicycle to Ganga Nagir and brought a Jeep They took the injured persons in the jeep to Ganganagar hospital. Leaving the injured there for treatment, Diwan Singh went to Police Station Matili Rathan and edged an oral report at 3.00 P.M. PW.16 Ranjeet Singh, ASI reduced the report into writing which is Ex.P.l The ASI produced the first information report before the Deputy Superintendent of Police S.P. Khadgawat (PW.15), Incharge of the Circle. The Deputy Superintendent of Police along with Ranjeet Singh, ASI and other staff went to the site at Chak 6F and inspected the site and prepared the site inspection memo and the site plan He took the blood stained earth from the site ann prepared the necessary memos. The wads of the cartridges of 12 bore gun were found near about the sire of occurrence which were taken in possession vide memo Ex.P. 14. Some pellets were also recovered from the site and taken in custody vide memo Ex. P. 15. One empty cartridge , fired from a 12 bore gun, found on the roof of Ramchander was taken in possession vide memo Ex.P.16. The wrist watch, which the deceased was wearing at the time of the incident was produced by Smt Veera Bai which was taken in possession vide memo Ex. P 17. The pieces of the glass of the wrist watch found at the site were also taken in possession. AH the articles seized during the course of investigation were sealed then and there. The dead body of Veer Singh was sent to Ganganagar Hospital for postmortem examination. Dr. S S. Baxi (PW 17) Medical Jurist at Ganganagar Hospital examined the injured persons in the intervening night of 20th and 21st of April, 1975. He examined Mahendra Singh at 1.20 A.M. and noted following injuries on his person:

(3.) THAT very night Dr. Baxi examined Pahalwan Singh and prepared the injury report Ex. P. 33. Following injury was found on his person: Two punctured wounds 1/8" x 1/8" about 1" apart on the right fronto parietal region. The injury was simple in nature, inflicted by fire arm.