AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HARVEER Singh S/o. Sher Singh (P.W.1) on 15.8.2005 at about 9.00 AM near Water Works Department, Deeg, opposite tea vend of Bhura received a gun shot injury on his chest from the shot fired by Mahendra and Girraj. Sher Singh (P.W.1) in his written report (Ex.P.1) on the basis of which a formal FIR (Ex.P.2) bearing No.437/05 was registered, had named five persons Girraj S/o. Gopal, Amar Singh S/o. Kartar, Vinod S/o. Yadram, Mahendra Singh S/o. Gulab and Lalit S/o. Girraj as accused who had participated in the occurrence which resulted into death of Harveer Singh due to gunshot injuries caused from firearm. Investigating agency after thorough investigation had sent above said five persons for trial. Mahendra was found as delinquent juvenile in conflict with law and was sent for trial before the concerned Juvenile Justice Board. Lalit was declared as proclaimed offender. Thus, trial was faced by three accused namely Girraj, Amar Singh and Vinod. The court of Additional Sessions Judge (Fast Track) No.4, Bharatpur Headquarter Deeg vide impugned judgment dated 23.11.2007 convicted Girraj, Amar Singh and Vinod for offence under Section 148 IPC. The appellant Girraj was substantively convicted for offence under Section 302 IPC and Amar Singh and Vinod for offence under Section 302/149 IPC. Girraj was also convicted for offence under Section 3/25 Arms Act and Vinod and Amar Singh for offence under Section 4/25 Arms Act. Having convicted the appellants for the above said offences, the trial court vide a separate order of even date sentenced the appellants as under: -

(2.) AGGRIEVED against the conviction and sentence, three separate appeals have been filed by the accused before this court. Vinod has preferred D.B. Criminal Appeal No.1854/07, Girraj has instituted D.B. Criminal Appeal No.73/08 and Amar Singh has filed D.B. Criminal Appeal No.74/08. In all the three appeals filed separately common judgment of conviction and order of sentence has been assailed. Hence, all the three appeals are being decided together.

(3.) SHER Singh (P.W.1) submitted a written report (Ex.P.1) before Satish Kumar (P.W.20) who was then posted as SHO, P.S. Deeg. The written report (Ex.P.1) when translated into English, reads as under: -