TOLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the above appeals are filed by the accused appellants under Sec. 374 (2) Crimial P.C. against the judgment dated 28.5.2007 passed by learned Addl. Sessions Judge, Anupgarh, District Sri Ganganagar in Sessions Case No.22/2005 (17/2005) arising out of FIR No.75/2005 of Police Station Anupgarh, District Sriganganagar whereby the learned trial Court convicted and passed sentences against the accused appellants as under: <FRM>JUDGEMENT_285_LAWS(RAJ)8_2015_1.html</FRM> All the sentences have been ordered to run concurrently.

(2.) As per brief facts of the case on 01.5.2005 at about 12.15 a.m. PW-11 Om Prakash S/o Hanuman Ram submitted a written report Ex.P.26 before the Police Station Anupgarh, District Sriganganagar in which it was alleged that Tola Ram S/o Kishna Ram resident of Chak 10-K was beating his wife on 27.2.2005, therefore, wife of Tola Ram came to his house and in the evening returned back to her home. Accused Tola Ram made quarrel in the house with his wife and mother in whole of the night. Today in the morning he went to chak 25-A for the purpose of employment under the famine scheme flouted by the Gram Panchayat, in the evening at about 5 p.m. when he was going on the way with his father towards his house in the mid-way when they reached near Masjid, they show that Tola Ram S/o Kishna Ram came their armed with gun (Topidar) from village and loudly called my father Hanumanram that yesterday you have intervened in my family matter to rescue my wife, therefore, I will give you lesson and made fire upon my father Hanumana Ram with the intention to commit murder and after causing gun shot injury, the accused appellant ran away from the place of occurrence and his father fell down on spot due to the gun shot injury. In the above written FIR submitted by the eye witness Om Prakash S/o deceased Hanuman Ram, specific allegation of murder was levelled against the accused appellant.

(3.) On the basis of the above written report submitted by PW-11 Om Prakash, an FIR No.75/05 was registered under Sec. 307 and 341 I.P.C. read with Sec. 27 of the Arms Act against the accused appellants at police Station Anupgarh, District Sriganganagar.