BAIJA ALIAS BAIJNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in the instant appeal is to the judgment dated February 6, 2002 of the learned Additional Sessions Judge (Fast Track) No. 1 Dholpur, whereby Baija @ Baijnath, the appellant herein, was convicted and sentenced as under:- U/s. 302 IPC: = To suffer imprisonment for life and fine of Rs. 1000/- in default to further suffer rigorous imprisonment for two months. U/s. 3/25 Arms Act: = To suffer rigorous imprisonment for two years and fine of Rs. 500/- in default to further suffer rigorous imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) ON July 27, 1999 Siya Ram (Pw. 3) submitted a written report at Police Station Sadar Dholpur stating therein that in the preceding night around 11. 00 PM while he, his brother Kunj Bihari and his son Kilol Singh were sitting outside the house, the appellant along with Chitra, Naresh, Hariya and Piddeena came armed with guns and asked them to leave the village. Baijnath then opened fire at Kilol, who died instantly. ON that report a case under sections 302 IPC and 3/25 Arms Act was registered and investigation commenced. Dead body was subjected to autopsy, statements of witnesses were recorded, appellant was arrested and necessary memos were drawn. ON completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Dholpur. Charges under sections 302 IPC and 3/25 Arms Act were framed. The appellant denied the charges and claimed trial. The prosecution in support of its case examined as may as 11 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. ON hearing final submissions learned trial Judge convicted and sentenced the appellant as indicated herein above.

(3.) THE gun allegedly used in commission of offence got recovered at the instance of appellant. Amar Chand, IO (Pw. 7) who arrested the appellant, deposed that at the time of arrest appellant had one. 315/8mm country made SBBL Pachphera gun along with one 8mm KF live cartridge and two 8mm KF cartridge cases which were recovered vide memo (Ex. P- 10 ). Pratap Singh (Pw. 9) motbir supports the recovery.