GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal from jail by the accused appellant against the judgment of the learned Additional Sessions Judge, Merta dated January 12, 1976, whereby the accused-appellant was sentenced to 2 1/2 years rigorous imprisonment and a fine of Rs. 50/- for the offence under Section 326 IPC: A sentence of nine months rigorous imprisonment and a fine of Rs. 25/- was awarded for the offence punishable under Section 27 of the Indian Arms Act and a sentence of 6 months rigorous imprisonment and a fine of Rs. 20/- was awarded for the offence punishable under Section 25(1)(a) of the Indian Arms Act, and sentence of 10 days simple imprisonment was awarded for the offence punishable under Section 8 of the Rajasthan Wild Animal and Birds Protection Act, 1951.

(2.) The accused-appellant was unable to engage a counsel, Shri B Advani Advocate was appointed to represent him under the Legal Atd Programme.

(3.) The facts of the case, in brief, are that on December 13, 1974 at about 4:00 pm Ramlal lodged a written complaint Ex P/9 at the Police Station, Panchori stating that the accused Gopal had shot a doe in the field of Dhokal Ram. It was further alleged that Dhokal Ram who a as going to his field having heard the report of the gun fire went towards that place. Accused Gopal fired a shot towards him, which hit on his right leg. Jalu Ram, Narsingh Ram and Ram Chandra arrived there. They caught the accused and brought him to the village along with the dead doe. It is also stated in the report that Dhokal Ram injured was sent to the hospital at Basani On the basis of this report, a case was registered under Section 307, IPC and Section 8 of the Rajasthan Wild Animal and Birds Protection Act, 1961 After investigation a change-sheet was submitted before the learned Munsiff Magistrate, Nagaur who committed the accused on March 6, 1975 to the Court of Sessions for facing his trial under Section 307, IPC, Section 25 of the Indian Arms Act and Section 8 of the Rajasthan Wild Animals and Birds Protection Act, 1951