JALIM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal is directed against the Judgment dated 20. 11. 2003 passed by the learned Additional Sessions Judge (Fast Track) No. 4, Jhalawar whereby accused appellant Jalim Singh has been convicted under Section 307 IPC and sentenced to suffer R. I. for five years and a fine of Rs. 1,000/- in default of payment of fine to further undergo R. I. for one year. Co-accused Bhagwati, Nand Kishore and Mohan have been acquitted of the charges under Section 307/34 and 323/34 IPC.

(2.) BRIEFLY stated, the facts of the prosecution case are that on 20. 06. 98 at about 12. 00 noon appellant Jalim Singh fired a gunshot and caused injuries on the person of PW3 Lakhmichand in front of the house of PW 12 Sugren, brother of PW 3 Lakhmichand in village Nandiya Khedi, P. S. Jhalarapatan. As per the prosecution evidence, the appellant along with other accused had come at the house of Sugren on previous day. They wanted to take away Mst. Salot D/o Sugren forcibly who was already married to Roopchand. On this account a scuffle took place between Sugren and accused persons. Sugren and Jalim Singh grappled each other. Thereafter the appellant fired a shot and caused injuries on left elbow, right forearm, left thigh, back of the chest and abdomen of PW 3 Lakhmichand. On the basis of `parcha-Bayan' Ex. P1 of PW 3 Lakhmichand which was recorded by PW 10 Mohan Singh. ASI, P. S. Jhalarapatan in S. R. G. Hospital, Jhalawar, FIR Ex. P2 was registered and investigation commenced. On completion of investigation a charge-sheet was filed against the against the appellant and other co-accused. In due course the case was committed to the Court of Sessions Judge and no transfer by the learned Sessions Judge it was tried by the learned Additional Sessions Judge (Fast Track ).

(3.) APART from that, the testimony of Lakhmichand stands corroborated by the medical evidence. PW 9 Dr. Chandra Shekhar Vyas has deposed that on 27. 6. 1998 as Medical Jurist, S. R. G. Hospital, Jhalawar, he examined Lakhmichand S/o Jharma and found the following injuries on his person:- (1) Tatooing with swelling 1/4"x1/4"x1/4" left back of elbow. (2) Tatooing with swelling 1/4"x1/4"x1/4" middle forearm posteriorly. (3) Tatooing with swelling 1/2"x1/4"x1/4" right forearm lower 1/3rd. (4) Tatooing with swelling 1/2"x1/2"x1/2" left thigh upper 1/3rd medially. (5) Tatooing with swelling 1/2"x1/2"x1/2" left chest wall. (6) Tatooing with swelling 1/2"x1/2"x1/2", 3" below injury No. 5. (7) Tatooing with swelling 1/2"1/2"x1/2" lower chest left side. (8) Tatooing with swelling 1/2"x1/2"x1/2" left side of abdomen. Dr. Vyas further stated that all the injuries were simple in nature. The duration of injuries was within six hours. He prepared Injury Report Ex. P9. It was further stated by Dr. Vyas that on X-ray of abdomen, left thigh, chest and right elbow pellets were seen. In view of the medical evidence, reliance can be placed on the testimony of PW 3 Lakhmichand and his wife PW 2 Kalawati. On close and careful scrutiny of the testimony of the aforesaid witnesses, I found it cogent and credible. Thus, in my considered view also, the prosecution has succeeded to prove beyond reasonable doubt that the appellant had caused injuries by firing a gunshot on the person of PW 3 Lakhmichand.