HARISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs. 2000/ -. He has also been convicted under Section 27 of the Indian Arms Act and sentenced to undergo rigorous imprisonment for two years on count. The conviction and sentences are under challenge in this appeal.

(2.) ON June 5, 1985 at about 6.30 A.M. Prithvi Raj (P.W. 4) came to the Police Station, Sangaria and informed his brother Krishna's wife went to Inder Mohan at about 10.00 P.M. previous night and informed Krishna had gone with Ram Pratap and Harish Chandra during the day and had not returned. On this, Prithvi Raj (P.W. 4) and Inder Mohan went in search of Krishna in the village. Krishna's son Bharat Kumar and, Krishna's wife then came and told them Krishna, Harish Chandra and Ram Pratap were playing Cards on stakes in Bhanwar Singh's house. Then Prithvi Raj and Inder Mohan went to take home Krishna at about 11.00 P.M. towards Bhanwar Singh's house. They saw near the corner of Bhanwar Singh's house, Ram Pratap and Harish Chandra were quarrelling with Krishna for money. Accused Harish Chandra had a double barrel twelve bore gun. Krishna was demanding money. They were abusing each other and were engaged in altercation. At that time, Harish Chandra fired the gun at the instigation of Ram Pratap and shot Krishna He was hit in the chest. On seeing Prithvi Raj and Inder Mohan at the site, the accused persons ran away.

(3.) ON completion of the investigation, Harish Chandra and Ram Pratap were tried and Ram Pratap was acquitted of the charge under Section 302 read with Section 34 I.P.C. and Harish Chandra was convicted and sentenced as aforesaid. Accused Harish Chandra was also charged under Section 201 I.P.C. but he was acquitted of charge. The conviction is mainly based on the testimony of two eye witnesses viz., Inder Mohan (P.W.3) and Prithvi Raj (P.W.4).