NANAK RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal under Sec. 374 Cr.P.C. has been filed by the appellant against the judgment dtd. 15/12/2017 passed by the Additional Sessions Judge, Srikaranpur, District Sriganganagar (for short 'the trial court') in Sessions Case No.11/2016 (C.I.S. No.14/2016), whereby the appellant has been convicted for the offence punishable under Sec. 302 IPC and sentenced for life imprisonment with a fine of Rs.2,000.00.

(2.) Brief facts of the case are that P.W.-3 Najar Singh lodged a written report (Exhibit/P-5) before the SHO, Police Station, Gajsinghpur, District Sriganganagar stating therein that he is resident of Srikaranpur and having four daughters and one son namely Jagsir Singh aged about 26 years. He also stated in the written report that accused Nanak Ram is his neighbour and on 24/3/2016, at about 02:30 PM, he was at his house and his wife, son Jagsir Singh and daughter-in-law were celebrating Holi in their house; the house of neighbour Nanak Ram is seen from his house because the height of wall situated in between their houses is short; at that time, accused Nanak Ram was in drunken state and was hurling abuses, upon which, his son Jagsir Singh went to the house of Nanak Ram along with one Balvinder Singh son of Sampurn Singh and asked him not to hurl abuses, then suddenly, Nanak Ram got annoyed and brought a gun from a room of his house and fired a gunshot on the chest of his son Jagsir Singh. It is further stated in the written report that he and his family members witnessed the said incident while standing in their house. At that time, son-in-law of Nanak Singh's brother was also present in the house and his son Jagsir Singh was taken to a government hospital at Srikaranpur in 108 ambulance where he died on account of gunshot injury caused by convict - Nanak Ram.

(3.) On receiving this report, the Police registered FIR No.39/2016 for the offence punishable under Sec. 302 IPC and Sec. 27 of the Arms Act at Police Station, Gajsinghpur and started investigation. After investigation, the Police filed chargesheet against the appellant for the offences punishable under Sec. 302 IPC and Sec. 27 of the Arms Act and the matter was committed to the trial court.