LADURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Sessions Judge, Jaipur Distt. Jaipur, dated 10th April, 1981, whereby he convicted the accused appellant for offences under Section 302 IPC and 3/25 of the Arms Act and sentenced him to undergo life imprisonment for the offence under S. 302 IPC and for the offence under S. 3/25 of the Arms Act, he was sentenced to undergo two months simple imprisonment.

(2.) Brief facts giving rise to this appeal are that a first information report was lodged at Police Station, Amer, by Chhitar Jat, P.W. 16, wherein it was alleged by him that on the evening of 2nd September, 1979, 8 to 10 persons who were Bawaries came in a Jeep at Ladu Bawari's hut, where a panchayat was going on concerning some lady. When he and his brother Sadhu, Hanuman, Motiram Balai, Mohanlal Brahman and Ramkaran Jat, were standing on the road side and were watching proceedings of the Panchayat, which was going-on. At that very moment, all the Bawaries got-up from Panchayat and took-away the wife of Ladu Ram, in a Jeep. One of the Bawari, was left behind, who came running near them and at that time accused Ladu, came, he was armed with a gun and followed him where Chhitar and others were standing. He aimed his gun towards this Bawari on which Sadhuram, objected and said that those who wanted to take-away his wife had already gone why this man should be killed. By that time that Bawari ran away and accused Laduram having got annoyed fired at Sadhuram, which hit him on the chest. Accused Laduram, thereafter, left back his gun and ran away. It was stated that he was chased and caught on the spot and he was given beating by the persons present and was taken to the Police Station.

(3.) On receipt of this report, a case under Section 302 IPC was registered and investigation commenced. During the course of investigation, post-mortem of Sadhuram, was got conducted. Dr. M.R. Goyal, P.W. 21, who conducted the post-mortem of deceased, found multiple injuries by fire arm on vital organs of the body such as liver, heart both the lungs resulting in shock and haemorrhage. Accused Laduram was also got medically examined and Dr. Deepak Singh, P.W. 11, found 16 injuries on his person caused by blunt weapons which were simple in nature. After completion of investigation, a charge-sheet was submitted against the accused appellant.