BALKARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the convicts Balkan and Multan against the judgment of the Sessions Judge, Ganganagar dated May 24, 1971 whereby Balkan was convicted under Section 302 I. P. C for causing the murder of Gopal and sentenced to rigorous imprisonment for life, whereas Multan was convicted under Section 307 I. P. C. for attempting to commit the murder of Gopal, and sentenced to rigorous imprisonment for five years. Both the appellants were further convicted under Section 25 (1) of the Indian Arms Act and each of them was sentenced to undergo rigorous imprisonment for two years. Both the sentences have been ordered to run concurrently. Both Balkan and Multan were acquitted of all other charges.

(2.) THE facts of this case lie within a narrow compass- On August 21, 1970 at 12. 0 O'clock in the noon Gopal (since deceased), Balwant Singh (P. W. 5) and Laxmi alias Gogi (P. W. 3), sister of the deceased, were sitting in a lane which is adjacent to the house of Padmaram (P. W- 1), father of the deceased. The two appellants armed with 12 bore pistols and in a druken state passed through the lane, uttering obscene words. On seeing the appellants in that state Gopal (since deceased) objected as to why they were loitering in the lane and using filthy language whereupon Balkan in a tell-tale manner said, "let us teach a lesson to Gopal for his rubbish talk". It is alleged that immediately thereafter Multan fired a pistol-shot at Gopal (deceased), but it missed the mark and soon after that, Balkan fired another pistol shot which caused injuries on the left side of the chest of Gopal, who fell down on the spot and the accused took to their heels. It is alleged that Indraj was playing in the Bakhal, but hearing the talk between Gopal (deceased) and the appellants, he reached the spot at the relevant time. According to the prosecution P. W. 2 Indraj, P. W. 3 Laxmi alias Gogi and P. W. 5 Balwant Singh witnessed the occurrence. P. W. 4 Smt. Keshar (mother of the deceased) had also arrived on the scene of occurrence but she could see only the accused running away and the injured Gopal (deceased) lying in the lane. Indraj rushed to call his father P. W. 1 Padma Ram from the field. He informed P. W. 1 Padmaram that Multan and Balkari had fired shots at Gopal (deceased ). P- W. 1 Padmaram immediately came to his house and found Gopal lying injured in the lane. Gopal (deceased) told his father P. W. 1 Padmaram that he, P. W. 3 Laxmi alias Gogi and P- W. 5 Balwant Singh were sitting in the lane behind their house near the well. The appellants Balkari and Multan armed with pistols came to the lane in a drunken state and were making obscene utterances. On his raising objection, Balkari told in a tell-tale manner, "we will teach you a lesson for your rubbish talk". Immediately thereafter Multan fired a pistol-shot at Gopal which passed over him without causing any injury. Thereafter Balkari fired another pistol-shot which hit him and caused injuries in the left side of his chest- The injured Gopal was taken to the hospital at Ganganagar. Thereafter P. W. 1 Padmaram (father of the deceased) lodged the first information report of the occurrence at 2 p. m. on the same day viz. 21-8-1970 at the Police Station, Sadar, Gan~ ganagar, which is situated at a distance of 10 miles from the place of occurrence. The first information report was reduced to writing and is marked Ex. P. 4. After registering the case the Station House Officer P. W. 10 Bhan-war Lai went to the hospital. He recorded the statement of Gopal and finding his condition serious, the Station House Officer made a request vi9e Ex. P-13 to P. W. 8 Shri B. B. Datta to record the dying declaration of Gopal. The dying declaration was recorded by P. W. 8 Shri B. B. Datta, Second Class Magistrate (vide Ex. P. 14 ). The injuries on the person of Gopal were noted at 2. 40 p. m. by P. W. 11 Dr, Moman Ram. The injury report is Ex. P. 1. Gopal succumbed to his injuries at 5 p. m. The post-mortem examination of the dead body of' Gopal was performed by P. W. 11 Moman Ram. The injuries found on his person are: (1) Gunshot wound 1/3" x 1/4" x abdomen cavity deep on the lower half of anterior lateral side of left side of chest 4 1/2" lateral to the mid-line. (2) Gun shot wound 1/3" x 1/4 x abdomen cavity deep on the lower half of anterior lateral side of left side of chest 1/2" lateral to injury No. 1. (3) Gun shot wound 1/3" x 1/2 abdomen cavity deep on the lower half of anterior lateral side of left side of chest W below and lateral to injury No- 2. (4) Two adjoining gun-shot wounds' each 1/3" x 1/4" x abdominal cavity deep on the lower half anterior lateral side of left side of chest 1/2z" below and lateral to injury No. 1. (5) Gun-shot wound 3/4" x 1/4" x skin deep on the lower half of anterior lateral side of left side of chest 1/3" below and lateral to injury No. 4. (6) Gun-shot wound 1/3" x 1/4' abdomen cavity deep on the lower half anterior lateral side of left side of chest 1" below and lateral to injury No. 3. Injury No- 5 was simple and rest were grievous.

(3.) ON opening the dead body P. W. 11 Dr. Momanram noted the following internal injuries: