MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Mohansingh was tried for offences under Sec. 307, I.P.C., and Sections 25 and 27 of the Arms Act, by the Additional Sessions Judge No. 2, Jodhpur. By the judgment dated 8th Feb., 1977, the appellant was held guilty for the aforesaid charges and sentenced to three years rigorous imprisonment & a fine of Rs. 100.00, in default, to undergo one month's rigorous imprisonment for the offence under Sec. 307, I.P C., and to three months' rigorous imprisonment each for the offences under Sec. 25 and 27 arms Act, with an order that the substantive sentences awarded for the three counts shall run concurrently.

(2.) Briefly stated, the facts of the case giving rise to the trial and the appeal filed in this Court, as under:- There was a dispute regarding one 'Bara' between Jabarsingh and Prithvisingh (D.W. 1), father of the appellant Mohansingh. On 24-9 1975 appellant Mohansingh, along with his brother Gangasingh, armed with guns, went, outside the house of Jabarsingh (P.W. 1) and asked him to come out so that he may take the revenge. On hearing noise Jabarsingh's mother came out of the 'Padwa' (Jhumpa). Jabarsingh, who was confined to bed because of illness, rushed outside to bring her back inside the house. When he went outside, the appellant and his brother Gangasingh fired the shots. The appellant had with him a 12 bore gun and Gangasingh was having a muzzle loading gun. Jabarsingh's mother fell on his son Jabarsingh in order to rescue him. The appellant and the co-accused warned the lady to be away, otherwise she would also meet her death at their hands. Jabarsingh got up and rushed into another room. The neighbours reached the site and made the appellant and Gangasingh understand. They left the place and went to their 'Malia' on the first floor. Therefrom Mohansingh fired the gun shots and the pellets struck in the wall of the 'Padwa' of complainant Jabarsingh. Jabarsingh went to police Station, Osian, and lodged an oral report. Hameer Singh, L.C., caused the report reduced into writing in the 'Rojnamcha'. P.W. 14 Loonsingh, Head Constable. In charge of the Police Station that day, proceeded for investigation and reached village Kapuria at the house of complainant Jabarsingh on 25th Sept., 1975, at 5,00 P.M. He inspected the site, took out the pellets from the wall and prepared necessary memos. During the course of investigation one 12 bore gun, ARt. 1, was recovered from the possession of Prithvisingh (D.W. 1), father of the appellant. Prithvisingh also produced the licence of the gun.

(3.) After completion of investigation, charge-sheet against the appellant Mohansingh was filed in the Court of Munsif and Judicial Magistrate, District Jodhpur. The learned Magistrate finding a prima faice case exclusively triable by the Court of Session, committed the accused to the Court of Sessions Judge, Jodhpur, to stand his trial there. The case on the transfer reached the Court of Additional Sessions Judge No. 2, Jodhpur, who after charge-sheeting the accused-appellant for the aforesaid offences proceeded with the trial. The prosecution examined 14 witnesses in all to substantiate its case. The appellant in his statement under Sec. 313, Crimial P.C., totally denied the allegations levelled against him and stated that because of enmity with his father Prithvisingh, the complainant and the witnesses had deposed against him. The learned Additional Sessions Judge placing reliance on the prosecution evidence, passed the judgment under appeal.