RAMSWAROOP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TO challenge the conviction recorded and sentence awarded under the judgment and order dated 19.12.2006 passed by learned Additional Sessions Judge, Raisinghnagar, this appeal is preferred.

(2.) BRIEFLY stated, facts of the case are that on 28.9.2004 at about 03:30 PM a written report (Ex.P/20) was submitted at Police Station Raisinghnagar by Shri Jaipal (PW -6) with assertion that while coming with his brother Omprakash from Mandi, after purchasing certain goods Ramswaroop, Vinod Kumar and Hansraj armed with 'kapa' came and gave 'kapa' blows to his brother Omprakash indiscriminately. Accused Ramswaroop then made a gun shot, consequently Omprakash died at the spot. All the three persons then fled from the site.

(3.) ALL the three accused persons were arrested on 28.9.2004 itself. At the instance of accused Ramswaroop a pistol and certain cartridges were recovered and the recovery memo of that is available on record as Ex.P/5. Blood stained pant and shirt of this accused were also recovered as per recovery memo Ex.P/17. On basis of the information given by accused Vinod a 'kapa' was recovered as per Ex.P/7. His pant and shirt having blood stains were also recovered as per Ex.P/18. Accused Hansraj who too was arrested on 28.9.2004, disclosed about 'kapa' said to be used in commission of crime. The recovery of that was accordingly made as per Ex.P/35. The pant and shirt worn by this accused at the time of incident having blood stains were also recovered as per document Ex.P/19. The recovered articles were sent for their forensic and serological examination to the Forensic Science Laboratory and as per FSL report Ex.P/37 the pant, shirts and 'kapas' recovered at the instance of the accused persons were having blood stains of group 'A'. The FSL report Ex.P/38 pertains to ballistic examination of the pistol recovered at the instance of accused Ramswaroop. According to it, the pistol recovered was a serviceable fire arm and one 8 mm cartridge case was fired from it.