CHOUTH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal is directed against the judgment dated January 11,1985, passed by the Sessions Judge, Churu, by which the learned Sessions Judge convicted and sentenced the accused-appellant for the offence under Section 302 I. P. C. and Section 25 of the Indian Arms Act.

(2.) THE incident, which led to the prosecution and trial of the accused-appellant, took place in the intervening night between July 4/5, 1983, when one Ram Lal was at about 1. 00 a. m. in his house situated in village Chimanpura (district Churu ). THE report of this incident was lodged by Ram Rakh at Police Station, Rajgarh (district Churu) on July 5, 1983. THE case of the prosecution is that in the night of July 4, 1983, Ram Lal and PW 2 Likhma Ram were sleeping in Ram Lal's house and Ram Lal's mother Smt. Mohri was sleeping in the Khuddi. Likhma Ram heard a noise of firing and when he got-up, he saw accused Chouth Ram standing near the cot of Ram Lal. At that time he was having a pistol in his hand and on enquiry, he told that he was Chouth Ram and after disclosing his identity, Chouth Ram ran away. Likhma Ram informed PW 3 Ram Rakh his other son-regarding the incident, who, in turn, informed about the incident to the villagers and thereafter, he along with other villagers went to the house of the Sarpanch of village Bhuwadi and informed him about the incident. From the house of the Sarpanch, Ram Rakh along with Jethu and the Sarpanch of village Bhuwadi, namely, Man Chand, went to Police Station, Rajgarh, and lodged the report Ex. P. l. THE prosecution, in support of its case, examined twelve witnesses and placed reliance over seventeen documents. THE learned Sessions Judge, after trial, convicted the accused for the offence under Section 302 I. P. C. and Section 25 of the Indian Arms Act and sentenced him to undergo imprisonment for life and a fine of Rs. 2000/- and in default of payment of fine further to undergo six months rigorous imprisonment under Section 302 I. P. C. and for the offence under Section 25 of the Indian Arms Act, he was sentenced to undergo six months simple imprisonment and a fine of Rs. 100/- and in default of payment of fine further to undergo one months simple imprisonment. It is against this judgment dated January 11, 1985, passed by the learned Sessions Judge, Churu, that the appellant has preferred this appeal challenging the judgment convicting and sentencing the appellant.

(3.) THERE is another infirmity in the prosecution case. As per the prosecution case, the accused was found standing by the foot-side of the cot of Ram Lal, from where he has allegedly fired. The direction of the injury and the fire made by the accused, clearly show that the fire was made from the head-side of the cot. Even there were two abrasions found on the body of the deceased, which, also, show that these abrasions must have been received by the deceased in a scuffle. The medical evidence, also, thus, does not support the prosecution case.