JHUNTHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the Additional Sessions Judge, Hanumangarh dated June 14, 1976 by which the appellant Jhuntha Ram was convicted for the offence under section 302 and Sec. 27 of the Arms Act and sentenced to imprisonment for life on the first count and two years' R. I. and a fine of Rs. 1000/- in default of payment of fine to undergo two months R. I. on the second count.

(2.) BRIEFLY stated the facts of the case giving rise to this appeal are as under: -

(3.) UPON completion of necessary investigation charge-sheet against the appellant and two co-accused Rampratap and Sukhdeva was filed in the Court of Munsif and Judicial Magistrate, Bhadra. The learned Magistrate finding a prima facie case exclusively triable the Court of Sessions, committed all of them to the Court of Sessions Judge, Sri Ganganagar. The case was transferred to the Court of Additional Sessions Judge, Hanumangarh. The learned Addl. Sessions Judge, Hanumangarh charge sheeted the appellant for the offence under sections 302, 307/34 I P. C. and Sec. 27 of the Arms Act. Rampratap was charge-sheeted for the offence u/s 302/34 I. P. C. and Sec. 27 of the Arms Act and Sukhdeva was charge sheeted for the offence under section 302/34 and 307/34 I P. C. On their pleading being recorded all of them denied the indictments and claimed to be tried. Prosecution examined eleven witnesses in all to substantiate its case. All the accused denied the allegations levelled against them in the statement under section 313 of the Code of Criminal Procedure.