SURJAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against judgment of conviction passed by learned Sessions Judge, Jalore dated 22/02/1985, in Sessions Case No. 11/83, by which the accused-appellant Surjan was convicted under S. 302, Indian Penal Code and under S.27 of the Arms Act, and sentence to undergo imprisonment for life and pay a fine of Rs.1000.00, or on failure to pay fine to further undergo 6 months rigorous imprisonment, under S.302, IPC and 2 years rigorous imprisonment under S.27 of the Arms Act.

(2.) The accused Surjan son of Ganesh, was found guilty of having committed murder of one Ram Chander, at about 10.00 a.m. on 20/12/1980, in the field of Dharma, by causing injuries by gun-shot by a double-barrel gun.

(3.) The proceedings commenced with lodging of a written complaint by one Kana Ram, P.W.3, at about 5.00 p.m. on 20/12/1980, at Police Station, Sanchor. In brief, the prosecution case, as spelt out in the First Information Report, is that, while in his 'dhani' near village Khara, Tehsil Sanchor, at about 12.00 noon, Kana saw blaze of fire and smoke coming from dhani of Ram Chander. He, along with Sad Ram, rushed towards the dhani of Ram Chander and found that Surjan, armed with a double barrel gun and riding on a mare, was there. When asked, why he has put the dhani on fire, Surjan warned if he came further near he will kill him and fired towards Kana; which hit the buffalo of Ram Chander which came in between. Thereafter, the accused ran away from the site. On coming near the dhani, Kana found wife of Ram Chander and children, standing outside and wailing. Wife of Ram Chander informed that Surjan, as soon as he came, fired his gun and after getting down from the mare, pushed them out and put the 'kad', in which cwats, beds, and 'ran of guwar' and fodder was there, on fire. She also informed that Surjan has earlier come in the morning, between 10-11 a.m. and told Ram Chander that Jawanta etc. are at the place of Sunda and we should settle our dispute and with this representation took Ram Chander with him. Surjan was accompanied with Jawana.