RAM KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25-2-1984 passed by the Additional Session Judge, No. 1, Alwar, in Sessions Case No. 3/81, whereby he convicted accused appellant, Ram Kishan, under Sec. 307 Penal Code & under Sec.3/27 of the Arms Act, & sentenced him under Sec.307 Penal Code to suffer rigorous imprisonment for a period of two and half years, and to pay a fine of Rs. 100.00. in a default of the payment of fine, he was directed to undergo simple imprisonment for a period of one month. The appellant was further sentenced under Sec. 3/27 of the Arms Act to suffer rigorous imprisonment for a period of six months. Both the sentences have been ordered to run concurrently.

(2.) Brief facts giving rise to this appeal are that on 15-8-1980 at about 10.20 p.m. one written report was lodged by one Ganesh S/o Chhotakiya Meena at police station-Rajgarh, regarding an incident which took place on the same date at about 6.00 p.m. The said report is alleged to have been lodged against nine persons including five women and the present appellant. It was alleged in the report that fields of Ram Kumar (injured) and the accused were situated adjoining. On 15-8-1980 at about 6.00 p.m. Ram Kumar and Gyarsa were sitting in their patol. All of a sudden, the accused came there and gave a lathi blow on the back of Gyarsa S/o Ram Kumar and started abusing.

(3.) It was further alleged in the report that when the complainant party objected the accused persons for their overt act, the wife of the accused appellant gave him a gun, who fired three shots at Ramjilal, Gyarsa, Ram Kumar and Kailash Meenu, but one of the person-Ram Kumar, from the complainant side sustained injuries by the gun fire. The appellant was intending to fire a 4th shot but at that time the gun was snatched by one Ram Swaroop.