GANPAT RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Appeal is preferred against the judgment dated 15-10-1987 passed by the learned Sessions Judge, Sri Ganganagar in Sessions Case No. 16 of 1986 by which he found the appellant guilty for the offence under Section 302, IPC, and sentenced him to life imprisonment and a fine of Rs. 100.00 in default of payment of fine to further undergo one month's R. I.

(2.) The prosecution case at the trial was that PW 1, Ramesh Kumar Dhankani, Advocate father of deceased Chandra Shekhar alias Chandi was present at his residence on 20-10-1985 a about 5.40 p.m. PW 5, Raj Kumar came to him a his residence and informed that his son Chandu Shekhar was killed by appellant-Ganpat Ram r/o Naya Chak by causing gun shot injuries in the Collectorate Court Compound. Upon the aforesaid information, father of the deceased-Ramesh Kumar Dhankani (PW 1) along with Raj Kumar (PW 5) rushed up at Collectorate Court Com pound where Madan Murari Aasthana, Advocate (PW 9), Satish Kumar (PW 4) and Atma Ram (PW 10) were standing at the scene of occurrence and dead-body of his son Chandra Shekhar was lying in between the wooden plank. Madan Murai (PW 9), Atma Ram (PW 10) and Satish Kumar (PW 4) told him that today at about 4.00 p.m. appellant-Ganpat Ram and deceased-Chandra Shekhar were gambling, in which Ganpat Ram lost his golden ring in gambling to deceased. Appellant Ganpat Ram asked the deceased to return his golden ring and he promised to pay money for the same after holidays but the deceased refused to return his golden ring. On refusal of the deceased to return his golden ring, the appellant was infuriated and stared to abuse the deceased. The appellant gave threat to teach a lesson to the deceased for not returning his golden ring and went away on his scooter. When appellant-Ganpat Ram left the place of occurrence the deceased managed to bring liquor and started to drink with them along with PW 2, Avinash Chandra alias Kaku. At about 5.15 p.m. appellant-Ganpat Ram came on his scooter No. 7434 armed with double barrel gun, which was driven by an unknown person. Immediately After alighting from the scooter, the appellant exhorted others to leave the place and keep away as he was to kill the deceased. After saying so, he lifted the barrel of his gun and fired a shot in the air. The deceased left the place where he was sitting and came in front of the appellant. He pointed his gun towards the deceased and pressed the trigger of his gun which was mis-fired. Appellant-Ganpat Ram re-loaded his gun and after aiming its barrel on the chest of the deceased he fired, which hit the deceased and he fell down. The deceased instantaneously died. After killing the deceased, appellant-Ganpat Ram along with the unknown person, who was driving the scooter, left the place of occurrence.

(3.) On receipt of oral information of father of the deceased PW 1, Ramesh Dhankani, an F.I.R. (Ex. P/1) was registered on the same day at 6 p.m. at police station Kotwali, Sri Ganganagar under Section 302, IPC and Section 27, Arms Act and investigation commenced.