RADHA RAMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellant, Radharaman, stands convicted under Section 302 IPC and under Section 3/25 of the Arms Act. For the first offence, he has been sentenced to under go life imprisonment and to pay a fine of Rs.100/ - (in default, further to undergo one month's Rl). And, under the latter offence, he has been sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.100/ - (in default, further to undergo one month's Rl). Both the sentences have been ordered to run concurrently.

(2.) THE facts of the case out of which this appeal arises are these: on 26th and 27th of October, 1984, in the town of Deeg (Bharatpur) a procession of Rambarat was being taken and in the night intervening of 26th and 27th October, 1984, at about 1 a.m. in the said Rambarat besides Ranveer Singh (deceased) many others membering about 400 -500 persons were going and when it was near Bhudga Darwaja on Deeg -Bharatpur Road, it is alleged, accused appellant Radharaman while he was standing nearby an electric pillar fired at Ranveer Singh @ Ranno, who received gun shot injury on his back and fell on the ground. The occurrence is said to have been witnessed by Her Singh (PW -1), Nanak Chand (PW -2), Ashok Kumar (CW -1) and also by Sarman (PW -3), Sukhi Ram (PW -4) and Udai Singh -(PW -5).

(3.) THE doctor conducted autopsy on the dead body of the deceased and found gun shot injury entry as well as exit wounds. The injury No. 1 was on the left side of back of chest and the wound of exist as not scorched and there was no surrounding blackening and was just above of supra sternal motch and according to the doctor the injury was caused by fire arm. In the opinion of the doctor he was dies as result of shock and haemorrhage because of extensive laceration of left lung laceration of left clevian artery due to gun what injury.