ANNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a jail appeal by accused Anna against the judgment of learned Additional Sessions Judge, Udaipur dated January, 30, 1979 convicting and sentencing the appellant as under :- S. No. Offence Sentence awarded 1. 302, I. P. C. Imprisonment for life with a fine of Rs. 1000/-, in default of the payment of fine to further undergo six months simple imprisonment. 2.201, I. P. C. Three years' rigorous imprisonment with a fine of Rs. 500/-, in default of the payment of fine to further undergo two months simple imprisonment. 3. 3/25, Arms Act. One year's rigorous imprisonment.

(2.) IN all three persons viz. , (1) Lala, (2) Heera and (3) appellant Anna were tried in Sessions Case No. 45/1978 by the learned Additional Sessions Judge, Udaipur.

(3.) NEEDLESS to say that the entire prosecution case rests on the testimony of PW 2 Mana and PW 3 Birma, each of whom has claimed to have seen the occurrence PW 2 Mana deposed that in the night between Monday and Tuesday he, Birma (PW 3) and the deceased-victim Lala started together in the search of one missing bullock of Lala. While searching they reached the field of Heera (co-accused ). There they found the missing bullock. The appellant and Lala (co-accused) were standing near the bullock. The deceased Lala asked them to return his bullock to him. Thereupon accused-appellant Anna fired a shot from his gun at the deceased-victim Lala. Lala fell down. The shot hit him on his head. The accused persons threatened him and Birma and asked them to go away. The witness further stated that he and Birma returned from there and went to the victim's wife Smt. Moongli (PW 6 ). They apprised her of the incident. The same version of the incident was given by PW 3 Birma. It may be mentioned that the victim Lala was his real paternal uncle. PW 3 Smt. Moongli deposed that her husband Lala went in search of the missing bullock alongwith Birma (PW 3) and Mana (PW 2 ). In the morning, Birma and Mana came to her and informed her that her husband was gunned down by the appellant.