RAMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant has been convicted by the learned Sessions Judge, Dholpur under his judgment dated 21st Dec., 1991 under Sections 302 and 307 read with 34 Code Criminal Procedure and on the former count he was sentenced to undergo Life Imprisonment and to pay a fine of Rs.500.00 and in default of payment of fine to further suffer three months rigorous imprisonment and on the latter count to undergo four years rigorous imprisonment and to pay a fine of Rs.100.00 or in default of payment of fine to further suffer one months rigorous imprisonment. The accused was tried along with Deewan Singh and Chota Singh who have been acquitted by the learned Sessions Judge. One more accused Bhcema was absconding and is still absconding.

(2.) On 14th May 1988, at about 5-6 p.m., Bhup Singh PW 2 was near the Chabutra of a brahman in village Tulsipura Tehsil Basedi, District Dholpur. Ram Swaroop PW 3 and Bhagwat PW 9 were also standing near him. Tota Ram deceased along with Gyani Ram PW 1 was also standing there. It is said that accused Bheema (absconding) came there armed with a gun. Chote Singh, Deewan and Kaptan also came there. There was some dispute with Ramveer accused appellant, but it is said that Bheema was armed with a Pachfera (riffle), Ramveer was armed with lathi, Chote was armed with 12 bore gun and Kaptan was armed with lathi when they came there. It is said that at the behest of Deevan, Bheema fired his Pachfera (rifle) which hit Bhup Singh on his chest and he became un-conscious. It is further the case of the prosecution that at that moment the accused appellant Ramveer took the gun from his father Bheema and fired at Totaram who received injury on his chest. The injured Totaram was taken by Bhup Singh and others to the hospital and a report of the incident was lodged by Gyani PW 1 in police station Basedi District Dholpur where a case was registered and investigation was set in motion.

(3.) The necessary memos and site inspections were prepared. The injuries of Bhup Singh were examined by Dr. K.K. Dixit PW 13 and the Doctor found that he had the following injuries: <FRM>JUDGEMENT_71_LAWS(RAJ)5_19921.html</FRM> In the opinion of the Doctor the distance of fire arm was more than 3-4 meter and he also advised reference for hospital for admission.