SHIV SINGH @ SIDHNATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal has been filed by accused-appellant Shiv Singh @ Sidhnath Singh against the judgment dated 18.7.2007 passed by Addl. Sessions Judge (Fast Track) No.l, Pali Head quarter Jaitaran, District Pali in Session Case No. 32/2005 whereby the accused-appellant was convicted and sentenced as follows:- <FRM>JUDGEMENT_304_LAWS(RAJ)5_2014.html</FRM> Both the sentences were ordered to run concurrently.

(2.) The facts in brief as narrated in F.I.R. may be summarised as follows; On 24.9.2004 at 6.30 A.M., the complainant Kishan Singh had sent a telephonic f message to Police Station, Kalu, District Pali regarding murder of Mangu Singh in village Tibri. On receiving above information, the police reached on the spot and the complainant Kishan Singh gave the report about the incident in writing in which it was mentioned that Mangu Singh was sleeping on a bed in front of his I house and in the mid-night, the informant heard sound of two gun fires and then he came to the spot and found injured Mangu Singh lying beneath his cot. He also says that Shiv Singh, who was standing there, started running from the spot having a gun in his hand. He tried to chase Shiv Singh but due to darkness, he could not catch him and then after other villagers reached the spot on his call and then in the morning at 6.30 A.M. he sent the telephonic message to Police Station, Kalu.

(3.) The Trial Court has found the accused-appellant guilty of Sec. 302 of Indian Penal Code as well as under Sec. 3/25 of the Arms Act, 1959.