RAM CHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Additional Sessions Judge, No. 2, Bharatpur convicted the accused-appellant Ram Charan u/s 302 I. P. C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs, 1,000/-and in default of payment of fine to further suffer three months rigorous imprisonment. Along with the accused-appellant the other accused persons who were tried were Rajendra, Ram Niwas, Attar Singh and Fateh Singh and each of them were tried u/ss. 147, 148, 149, 302 and 323 I. P. C, but the learned Sessions Judge extended the benefit of doubt to each of them and each of them was acquitted. Ram Charan, therefore, filed this appeal against his conviction and sentence.

(2.) THE case of the prosecution is that on 2nd April 1969 Ran Singh PW 8 along with his brother Jandal Singh was returning to village Milsama from Kherigarh where they had gone. At about 6. 00 p. m. when they were near the road and near the enclosure (Bara) of one Jaipal, the accused-appellant Ram Abakan along with other above named accused persons Rajendra, Ram Niwas, Attar Singh and Fateh Singh were standing on the way. THE accused appellant was armed with a gun and other accused persons were armed with lathis. Ran Singh and his brother Jandel Singh were on the motor-cycle and as per the case of the prosecution Ram Abakan and others stopped their motor cycle and at this first beating is said to have been administered to Ran Singh by the accused persons. Jandel Singh deceased is also said to have been beaten by lathis and then Ram Abakan, who as said earlier was armed with a gun, fired but the first fire did not hit anybody. He repeated the fire which hit a nearby standing bullock. He then again fired and it hit Jandel Singh on his chest. He fell down and died on the spot. THE occurrance was witnessed by Girraj PW 1, Man Singh PW 2, Mukat Singh PW 3, Chop Singh PW 7, Anar Singh PW 4 and one Dal Cband. Ran Singh PW 8 lodged a report Ex. P. 7 and Ex. P. 11 the FIR in police station Roopwas. In fact the report Ex. P. 7 was handed over to the S. H. O. when he reached on the spot. THE case was registered and investigation was set in motion.

(3.) THE question is as to whether the eye-witnesses namely Mukat Singh PW 3, Anar Singh PW 4 and Ran Singh PW 8 should be relied upon ?