DISTRICT TRANSPORT OFFICER Vs. BANWARILAL

JUDGEMENT

(1.) This appeal is preferred by Jairam Das Chela Ramanand Swami (hereinafter referred to as 'appellant') against the judgment dtd. 19/2/2020 passed by the Additional Sessions Judge, Sambhar Lake, District Jaipur in Sessions Case No.33/2015 convicting the appellant under Ss. 307 & 302 IPC and Sec. 3/5 of the Arms Act, 1959. Vide order of even date, the appellant was ordered to undergo sentence:- Name of Accused- Convicted under Punishment Appellant Ss. Jairam Das Chela 307 IPC Ten years rigorous Ramanand Swami imprisonment and to pay fine of Rs.15,000.00. In default of payment of fine to undergone two months rigorous imprisonment 302 IPC Life imprisonment and to pay fine of Rs.25,000.00 In default of payment of fine to undergone four months rigorous imprisonment 3/25 of the Arms Act Three years rigorous imprisonment and to pay fine of 5,000/- In default of payment of fine to undergo one month rigorous imprisonment

(2.) The facts as projected by the prosecution are that on 19/5/2015 statement of Ramlaldas Maharaj (hereinafter referred to as 'deceased') was recorded wherein, it was stated that the appellant fired with a country made pistol (katta) but it misfired. The accused came again with katta and inflicted fire arm injury on the chest of the deceased. After hearing the screams Jagdish Kumawat, Danaram Gurjar and Bhagwandas Swami reached the spot and took the deceased to Government Hospital, Phulera from where he was referred to SMS Hospital, Jaipur. During treatment deceased succumbed to injuries on 21/5/2015. The postmortem was conducted and cause of death was shock, as a result of ante mortem peritonitis which was due to injury No.1, sufficient to cause death in ordinary course of nature. The injury No.1 was gun shot punctured lacerated wound of size 1 x 1 cm on lower part of sternum in center. Dissection revealed underlying hematoma with a track directed downwards and laterally upto anterior wall of stomach. After filing of charge-sheet, the charges were framed against the appellant for offences under Ss. 307, 302, 120B IPC and 3/25 of the Arms Act and charges against other co-accused Sunil Kumar and Deva @ Thawar were framed for offences under Ss. 302 read-with Sec. 34 and 120B IPC.

(3.) The prosecution examined twenty eight witnesses and exhibited forty seven documents to prove the case. In statement recorded under Sec. 313 Cr.PC, the appellant took defence of alibi and stated it to be a case of false implication. In defence, three witnesses were examined and eleven documents were exhibited. The trial court after considering the facts and appreciating the evidence adduced, acquitted Sunil Kumar S/o Ramsharan and Deva @ Thawar S/o Late Hajarilal but convicted the appellant. Hence, the present appeal.