MADAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellants against the judgment dated 19. 12. 1998 passed by the Additional Sessions Judge, Rajgarh, District Alwar in Sessions Case No. 33/1995 convicting and sentencing accused appellant No. 1 Madan, for the offence under Section 302 I. P. C. read with Section 34 I. P. C. to imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment to further undergo one year's simple imprisonment; and convicting and sentencing accused appellant No. 2 Patwari for the offence under Section 302 I. P. C. to imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment to further undergo one year's simple imprisonment. Accused-appellant Patwari was further convicted and sentenced for the offence under Section 3/25 of the Arms Act for three years and to pay a fine to further undergo three months simple imprisonment. He was further convicted and sentenced for the offence under Section 5/27 of the Arms Act for three years rigorous imprisonment and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo three months simple imprisonment. All the sentences were ordered to run concurrently.

(2.) THE brief facts giving rise to the instant appeal are that on 14. 03. 1995, complainant PW-4 Ram Kishore lodged a First Information Report with the allegations that on the previous night of 13. 03. 1995 at about 10:00 or 11:00 PM his brother Isar (the deceased), his wife PW-5 Vimla and his children were sleeping in their house when the accused appellant No. 1 Madan came and called out Isar asking him to come outside the house. When Isar went outside, Madan exhorted appellant No. 2 Patwari, to fire and kill Isar. On being so exhorted, Patwari fired a gun shot as a result of which Isar received gun shot injuries and died on the spot. It was further stated by the complainant that on hearing the gun shot and cries of wife of Isar PW-5 Vimla, he ran out of his house and found Isar (deceased) lying. On reaching to the spot, PW-5 Vimla, wife of Isar narrated the whole incident to him. It was further stated by the complainant in the report Exhibit P-11 that he did not go to lodge the report at night on account of fear for his own life and safety. Upon this written report Exhibit P-11, police recorded the First Information Report Exhibit P-12 bearing No. 17 of 1995 at Police Station Tahla, District Alwar for the offence under Section 302/34 IPC read with Section 3/25 of the Arms Act and started investigation.

(3.) LEARNED Public Prosecutor on the other hand supported the judgment of the learned Trial Court and has stated that the learned Trial Court has on the basis of the evidence on record, rightly convicted the accused appellants.