SATYAPRAN DEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of Trial Court dated 13-4-1993, where by, the Trial Court has convicted the accused-appellant for the offence under Section 302 IPC and sentenced him to undergo life imprisonment and pay a fine of Rs, 1,000/- in default of payment of fine further to undergo six months simple imprisonment.

(2.) The brief facts giving rise to this appeal are that a written report (Ex. P.1) has been given on 25-9-1991 by Shyam Lata wife of deceased at Police Station Laxmangarh alleging therein that for last 2-3 years from the date of incident there was a dispute over the ancestral property between the deceased Bharatbhushan and his younger brother Satyapran Dev. Therefore, Satyapran Dev was living in Kumher for last, one year. He came 2-3 times in absence of Bharatbhushan and gave beating to the informant and also threatened that he will kill Bharatbhushan. Today in the afternoon Satyapran Dev and his brother-in-law Satish came. There was some altercation between the deceased and assailants, then accused Satyapran Dev fired 5-6 gun shots at deceased. Bharatbhushan fell down and expired. On the basis of this report (Ex. P.1) the FIR (Ex. P. I) has chalked out and the case was registered under Section 302134 IPC. During investigation the siteplan (Ex. P.3) was prepared and the Inquest-Report (Ex. P. 4) also prepared. Bloodstained clothes of deceased were seized, sealed and sent to FSL for examination. One country made pistol has been recovered at the instance of accused Satyapran Dev. Recovery-memo is Ex. P.7. Post-mortem was conducted by Medical Board consisting of Dr. B.L. Ujjeniya, Dr. S.K. Jam and Dr. Bauu Singh. Post-mortem report is Ex. P.12. During the post-mortem the Doctors recovered blood-stained pellets from the person of deceased and opined the cause of death due to shock as a result of massive haemorrhage from injuries to vital organs at liver and stomach. FSL report regarding country-made pistol is Ex. P.IS, after examination it is opined that 16 lead pellets contained in packet A-1' are normally used in 12 bore ammunition and their size would be 4.28 mm. These pellets could have been fired from 12 bore pistol. After due investigation the challan has been filed against Satyapran Dev for the offence under Sections 302 IPC and 3125 Arms Act. Thereafter the case was committed to the Court of Sessions Judge.

(3.) During trial as many as 13 witnesses have been examined. Statements of accused has been recorded under Section 313 Cr. P.C. Considering the material on record the Trial Court mainly placed reliance on the statement of PW 3 Shyamlata w/o Bharatbhushan and PW 5 Kailash, and convicted the accused-appellant under Section 302 IPC and sentenced him as aforesaid. The accused has not been convicted for the offence under Sections 3125 Arms Act, as the prosecution failed to prove the recovery of pistol at the instance of accused. Being dis-satisfied with the judgment of Trial Court the accused-appellant preferred this appeal.