MOHAN LAL Vs. STATE

JUDGEMENT

(1.) THIS is an appeal from Jail against the judgment dated 1/4/1981, passed by the learned Addl. Sessions Judge, No. 1, Baran convicting the accused-appellant under Sec. 302, IPC and sentencing him to imprisonment for life and under Sections 25 and 27 of the Arms Act for two years and a fine of Rs. 100/- and in default of payment of fine additional rigorous imprisonment for one month on each count THIS appeal has been filed through jail and Shri S. K. Gupta was appointed amicus curiae on behalf of the appellant.

(2.) ACCORDING to the prosecution, Ghasi Lal was shot dead by a gun in the night intervening 21st and 22nd April, 1980 and a report was lodged in the police on 22/4/1980 by Madan Lal, co-accused, in which it was mentioned that while Bhanwar Lal was sleeping in his room some one knocked at his door and when Ghashi Lal followed the accused somebody fired at him and he collapsed. After police investigation a challan was filed against the present appellant as well as Madan Lal who had filed the FIR. The accused was committed to Sessions and after trial the accused-appellant was convicted as aforesaid, while Madan Lal accused was acquitted.

(3.) WE have carefully gone through the evidence of PW/3 Harlal, PW. 5 Bhanwar Lal, PW/6 Gulab Chand, PW/10 Hari Ram, PW/9 Prabhu Lal, PW /11 Janki Lal and PW/12 Shankar Lal. PW/3 Har Lal in his statement in the Court has stated that when in the next morning of the incident Madan son of Sukha Ram, Gulab Chand, Ishar Lal and Bhanwar Lal brought accused Mohan Lal. Then Mohan Lal had said that he had fired the gun at Ghasi at the instance of accused Madan and at that time Janki Lal Lodha, Daulat Ram, Ram Pratap, Mathuralal and several other persons were present. PW/5 Bhanwar Lal has stated that accused Mohan Lal had told the villagers that he and Madan Lal had done this case (maine aur Madan ne yeh kes kiya hai) He has further emphasised that he said only this much PW/6 Gulabchand has stated that when accused Mohan La! was asked that he had a gun with him and whether he has done this act ? Thereupon accused Mohan Lal had told that he had fired at Ghasi by a gun at instance of Mohan Lal. PW/9 is Prabhu Lal, father of the deceased Ghasi Lal and he has not deposed anything about the extra-judicial confession. PW/10 Hari Ram said that the people had caught hold of accused Mohan Lal and on the asking of Patel he has told that he had fired a gun at the instance of Madan Lal. In the cross-examination, he has clarified that he himself did not hear what accused Mohan had told, but he was told by Patel that accused Mohan has said that he had fired at Ghasi at the instance of Madan and at that time accused Mohan Lal was not present. Similarly, PW/11 Janki Lal stated that when he was passing through the village he had seen Mohan Lal accused and he told that he had fired at Ghasi by the gun at the instance of Madan. Mohan was telling this to Patel. Gulab Chand and Bhanwarlal. In the cross-examination, he has clarified that he had no talks with accused Mohan and he was told by Gulab Chand Patel that Mohan accused had said so. PW/12 Shankar Lal has also told that Mohan accused has told that he had fired at Ghasi by a gun at the instance of Madan. This he had told on the asking of Gulab Chand. In cross-examination he has said that he was standing at a distance of about 100 paces from the place and he did not hear what Mohan was saying. But Patel Gulab Chand had told that Mohan was saying that he had fired at Ghasi by the gun at the instance of Mohan. This is in all the whole prosecution evidence adduced and relied on to prove the extrajudicial confession of accused Mohan Lal.