SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 Cr. P. C. arises out of the judgment and order dated 1. 9. 1998 passed by the learned Sessions Judge, Alwar, convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and a fine of Rs. one thousand, in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) SUCCINCTLY stated the facts of the case are that on 1. 1. 1995 at 8. 15 AM, PW 10 Ramesh Chand Jat lodged a written report, Ex. P. 14 at Police Station, M. I. A. , Alwar, alleging therein that on 30. 12. 1994 at about 7. 30 PM appellant Sher Singh and one more person switched off the engine installed at the tube-well of Girraj. It was alleged that when Girraj left the field and was on way to his house, appellant Sher Singh and one more person made Girraj to stop in the field of Pooran and made an assault on him with Farshi and Sword. Girraj fled away and reached his house. Thereafter in the morning of 31. 12. 1994, five persons of the village collected with a view to get the compromise done between the parties. At about 7. 00 AM, Pooran, younger brother of informant Ramesh was asked to go and make enquiries from Khubaram as regards irrigation of the fields. Pooran, in turn proceeded towards the house of Khubaram and soon he reached infront of the room of Khubaram, accused appellant Sher Singh and co-accused Banwari, Rajjan, Girraj and Tejram came there with an intention to kill Pooran. Appellant Sher Singh fired at Pooran, the bullet of which hit on his chest. The cires of Pooran attracted the attention of the informant, who reached the place of incident. Other persons of the village had also reached there. According to the report, co-accused Banwari had a gun, while others had lathies and farshies. On seeing the informant and the villagers, the accused ran away. Injured Pooran was removed to the hospital at Alwar in a Tractor.

(3.) IN the course of trial, the prosecution examined as many as 12 witnesses and got exhibited number of documents. The statements of CW1 Prem Sagar Manocha and CW2 Shanti Lal were also recorded. Thereafter the accused were examined under Section 313 Cr. P. C. IN his explanation, accused appellant Sher Singh stated that it was deceased Pooran himself who had come to his house in his absence with a view to kill him. His brother, brother's wife and his mother were present there. He explained that his brother tried to snatch the Katta from Pooran and in the course of entanglement, gun fired. IN defence, the accused examined DW 1 Charan Singh, DW 2 Smt. Kallo, DW 3 Mst. Channo, DW 4 Net Ram and DW 5 Smt. Laxmi Devi.