ARJUN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement and sentence dated 12-2-88 passed in Sessions Case No. 25/85 by the Addl. Sessions' Judge No. 2, Hanumangarh convicting the accused appellants u/ss. 302/34 I.P.C. and 307/34 I.P.C. and Section 27 of the Indian Arms Act. For offence u/s. 302/34, the sentence was imprisonment for life and a fine of Rs. 2,000/- each. For the offence u/s. 307 I.P.C., seven years' rigorous imprisonment and a fine of Rs. 1,000/- and for the offence under Section 27 of the Arms Act, rigorous imprisonment of two years and a fine of Rs. 500/-. All the sentences were ordered to run concurrently.

(2.) The prosecution story, stated in brief is that at about 6 in the morning of 22nd August 1983, the incident occurred at village Hardayalpura, in District Hanumangarh, It is alleged by the prosecution that at that time when Bhagirath was going to answer the call of nature, was shot at by Hanuman, as a result of which he died. The incident was witnessed by Patram, PW/4 and several others. PW/4, therefore, started running away from the scene when the other accused persons joined Hanuman and started chasing Patram. When Patram was so running away, his younger brother Birbal came from the opposite side and he was shot by accused Hanuman and accused Krishna, as a result of which Birbal also died. But the accused could not succeed in hitting Patram and they ran away. In the fire that was opened by the accused persons, several others were also injured, some of whom have been examined as witnesses. Relying on the testimony of these eye witnesses, the learned Judge recorded the conviction as aforesaid.

(3.) In this appeal reappreciation of evidence, without taking into consideration the judgement of the learned Sessions Judge, is necessary.