LALCHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant-Lal Chand and other co-accused-Om Prakash Premchand, Nandlal and Harish Kumar were indicted before the Additional Sessions Judge No. 3, Kota in Sessions Case No. 176/92 for having committed murder of Ramlal. Learned trial Judge did not find co-accused-Om Prakash, Premchand, Nandlal and Harish Kumar guilty and acquitted them. The appellant-Lal Chand was however found guilty u/s. 302 Penal Code and sentenced to undergo imprisonment for life vide judgment dated 27.2.1997. Against this judgment of conviction that the present action of filing the appeal has been resorted to by the appellant-Lal Chand.

(2.) The prosecution story is woven like this, Devilal (PW-2) on 7.6.1991 submitted a written report with the police station Suket at around 9.30 a.m. with'the averments that their agriculture land was situated near the land of Lal Chand. Initially Lal Chand used to carry his bullock cart through the land of one Kesarilal but when Kesarilal refused to alldw his bullock-cart, Lal Chand started carrying bullock cart from their land. On being protested by the informant, Lal Chand threatened to kill him. On the date of the incident when Lal Chand as usual was taking his cart through their land, he was obstructed by the complainant party. Thereupon Lal Chand and his sons Prem and Harish Kumar rushed towards them. Lalchand inflicted lathi blow on the back of the informant Devilal who in turn snatched lathi and inflicted lathi blow on the person of Lalchand, who fell down. Lalchand then asked his son Harish Kumar to bring 12 bore gun. Harish Kumar brought the gun and gave it to Lal Chand who opened fire, which hit on the right eyebrow of Ramlal (now deceased). At that time Bhanwarlal, Nand Kishore, Chhotu, Hari Shankar and Nandlal were present. Police Station Suket registered an FIR No. 97/1991 u/s. 302 r/w Sec. 34 Penal Code and investigation commenced. Autopsy on the dead body of the deceased was conducted. Site-plan was drawn. Inquest report was prepared. Accused were arrested and on the basis of disclosure statement of Lalchand, gun was recovered and sent for ballistic examination. Statements of the witnesses u/s. 161 Crimial P.C. were recorded. On completion of investigation charge-sheet was filed. In due course the case came up for trial before learned Addl. Sessions Judge No. 3, Kota. Charges u/ss. 302, 148, 323, 447, 302/149, 147, 323/149 & 34 Penal Code were framed against the accused persons. The accused denied the charges and claimed to be tried. The prosecution examined as many as 12 witnesses in support of its case and exhibited 21 documents. In the explanation u/s. 313 Crimial P.C. the accused claimed innocence and stated that they were falsely implicated on account of malice as their land was encroached upon by the complainant party. However, no evidence in defence was produced by the accused. On hearing the final submissions the learned trial Judge convicted and sentenced the accused-appellant-Lalchand as indicated hereinabove.

(3.) Mr. Biri Singh Sinsinwar, learned counsel appearing for the accused- appellant pointed out following infirmities in the prosecution case: