RAM NARAYAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31st Aug. '87 passed by the learned Addl. Sessions Judge, Raisinghnagar, by which the accused appellants were convicted of an offence under section. 302 read with Sec. 149 of the Indian Penal Code and other connected offence. The sentence imposed on the accused appellants are as under:- <FRM>JUDGEMENT_87_LAWS(RAJ)7_19951.html</FRM>

(2.) In order to appreciate the rival contentions raised by the learned counsel for the appellant and the learned Public Prosecutor, it would be necessary to re-appreciate the entire evidence on record which we have read carefully with the assistance of both the learned counsel.

(3.) PW/1 Atma Ram has stated that on 16th of June '86, in the evening at about 6.30, he, along with his father Brij Lal, Ram Narayan and Rajaram were sitting in front of his house. The witness saw Ramnarain, Sarpanch, Shanker, Maniram, Manoharlal and Subhash. Ramnarayan and Shanker had gun. Subhash had a lathi and nothing was visible with Manohar. They started from ihe house of Sarpanch Ramnarayan and went towards the house of Hansraj. Accused Shanker entered the house of Hansraj, Ramnarayan, Sarpanch, stood by the pole in front of the house of Hansraj and others went into the by-lane. The witness then says that he heard two shots sometimes thereafter and learnt that Ramkumar has been killed. He is, thus, a witness to the fact that the accused persons were armed and had gone towards the house of Hansraj, where the deceased Ramkumar was killed. The cross-examination of this witness is inconsequential. There is no reason why the testimony of this witness should be disbelieved.