NIMBA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellant had filed this appeal against the judgment of learned Additional District & Sessions Judge (Fast Track), Sirohi in Sessions Case No. 10/2001 (11/2001) dated 16. 7. 2002.

(2.) BY the judgment impugned, the learned trial Court has convicted the accused appellant under Section 302 IPC and sentenced him to life and has also sentenced to 1,000/- rupees fine. The accused has also been convicted under Section 5 (a), read with Section 27 of the Arms Act and has been awarded three years rigorous imprisonment, with a fine of Rs. 500/ -.

(3.) IN the instant case it was the admitted fact that the accused was taken by the party of the deceased along with them. There is nothing on the record to show that there were any previous enmity in between the parties. This also is not born out from the record that there was any immediate cause for any dispute or fight in between the deceased and the accused. Though motive is not always specifically required to be stated but then absence of any immediate cause or previous reason creates anxiety in a case like the one in question. This is a proposition which speaks very loud. The absence of motive in its silence is more pronounced than the words, and in this background learned counsel submits that it was at best a case of accident. Prosecution has not made out a case of intentional shooting. Because for a shooting to take place the shooter is required to have a reason to shoot. IN the instant case no such reason is coming out. There is no previous bad blood in between the parties.