RAM PRASAD MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Additional Session Judge, Kota, has convicted accused appellant Ram Prasad of offences under Sections 302 and 333, IPC, and has further convicted him for offences under Section 27 of the Arms Act. For offence under Section 302, IPC, the accused appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine to undergo further rigorous imprisonment for three months. For offence under Section 333 of the IPC, the accused appellant has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 100/- and in default of payment of tine to undergo further rigorous imprisonment for three months. For offence under Section 27 of the Arms Act, the accused appellant has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 100/- and in default of payment of fine to undergo further rigorous imprisonment for three months. All substantive sentences have been directed to run concurrently. Aggrieved, Ram Prasad challenges the correctness and propriety of his conviction and also challenges the correctness propriety and legality of the sentences passed against him.

(2.) Police Station, G.R.P. Kota, witnessed a gruesome incident on the night of 29.3.1988 when Sub-Inspector, Hanif Khan, attached to the said Police Station was fired at by a firearm resulting in fatal injuries causing his death. The appellant was posted at the said police station as a constable. The case of the prosecution is that on 29.3.1988 during the day at about 4.30 p.m. roll-call of the staff was taken by Head Constable Ashok Kumar (PW-8). At this roll-call Hanif Khan made an observation that people should not gossip in the office. At this, accused- appellant Ram Prasad is said to have retorted that Hanif Khan was inviting people for tea and hence the people used to assemble. At this, Hanif Khan told Ram Prasad that he would not ask Ram Prasad to bring tea. It is alleged that at this Ram Prasad retorted that he whould not bring tea for him. Thereafter, Badri Lal, ASI, (PW-1) observed that there is no peon attached to the police station and he was also bringing tea and likewise constables and the Head Constables were also bringing tea and, as such, it was common cause of all. Thereafter, the foil-call ended. At that time Asok Kumar Sharma assigned Ram Prasad to the sentry duty of the police station, which was to commence at 6.00 p.m. and was to be effective till 10.00 p.m..

(3.) The prosecution story further is that Ram Prasad came to the sentry duty at 6.00 p.m. and Har Dayal (PW-12) handed over to Ram Prasad a rifle bearing butt No. 226 and ten life cartridges of 303 bore. A report Ex.P/13 was recorded regarding this fact and the same was signed by Ram Prasad and Har Dayal.