HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals, one filed by the State, and the other filed by appellant Hanuman are directed against the judgment of the learned Addl. Sessions Judge, Sri Ganganagar dated 4.6.1977, whereby appellant Hanuman was acquitted of charge under Section 307, I.P.C. but was convicted of offence under Section 326, I.P.C, The learned Addl. Sessions Judge found appellant Hanuman guilty of offence under Section 326, I.P.C. and sentenced him to undergo R.I. for one year and to pay a fine of Rs. 100/ - and in default of payment of fine to undergo further S.I. for one month.

(2.) IN the State Appeal, the principal contention is that Hanuman had fired a gun voluntarily at Smt. Ram Pyari and had caused grievous hurts to her and this firing had been done with the intention to commit murder of Ram Pyari and, therefore, Hanuman ought to have been convicted for offence under Section 307, I.P.C. and ought to have been sentenced accordingly.

(3.) BRIEFLY stated the case of the prosecution is that one Kalu Ram owned agricultural land at Chak 64 L.N.P. Kalu Ram did not have a son but had a daughter Smt. Ram Pyari (P.W.I) and a grand son Hanuman (P.W. 3). Kalu Ram adopted aforesaid Hanuman and since then Hanuman and Smt. Ram Pyari were living with Kalu Ram and were cultivating the agricultural land belonging to Kalu Ram. The prosecution story is that on the date of incident Hanuman (P.W.3) had gone to village 29 BB where his father was residing. However, Hanuman's brother Ramesh and Hanuman's wife Smt. Tulsi were present at village 64 L.N.P. along with Smt. Ram Pyari at their residential Dhani. Smt. Ram Pyari heard certain gun shots, upon which she shut her son Ramesh in a room of the Dhani and went to the disputed field, where she claims to have sown some 'Gwar' some time back. It is alleged that Tulsi (P.W.2) also accompanied her. The prosecution story further is that when Smt. Ram Pyari and Smt. Tulsi were at a distance of about one kila, Hanuman fired a gun shot taking aim towards Smt. Ram Pyari, with the result that Smt. Ram Pyari received a gun shot injury which was found to be grievous. Information regarding this incident was sent to Hanuman at village 29 BB, whereupon he came to his village and lodged a report Ex.P. 1 on 17.9.1973 at Police Station Dhamarwali. In the First Information Report certain other persons were also alleged to have participated in the assault. A case under Section 307, 147, 148, 149, I.P.C. and 27 of the Arms Act was registered and due investigation was made. Smt. Ram Pyari and Smt. Tulsi were examined for their injuries by Dr. R.P. Punia (P.W.6). He found a number of injuries on the persons of the two ladies and prepared reports Ex.P. 2 and Ex.P. 6. The injuries of Smt. Ram Pyari were further subjected to x -ray examination by Dr.S.S. Bhargava (P.W.10). He found a fracture of the neck of fibula of Smt. Ram Pyari. He prepared a report Ex.P. 3 in this regard. The Investigating Officer made due investigation and four persons, namely, Hanuman, Buhadam, Surajaram and Lalu were put up for trial for offences under Section 147, 148, 307, I.P.C. and other sections.