KIRTI S/O BADNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal by accused Kirti arises out of the judgment and order dated 30. 7. 2003 passed by the learned Additional Sessions Judge, (Fast Track), No. 2 Dholpur, by which the learned Judge has convicted and sentenced the appellant for offence under Section 302 IPC and Section 3/25 of the Arms Act and sentenced him to life imprisonment with a fine of Rs. 500/-, in default thereof, to further undergo simple imprisonment for two months on the first count and to under go imprisonment for one year with a fine of Rs. 100/-, in default thereof to undergo 13 days imprisonment in the second count.

(2.) THE facts leading to the present appeal are that on 21. 6. 2000 police recorded Parcha Bayan (Ex. P. 21) of complainant Layak Singh, since deceased, according to which, on the day of incident at 7 AM while he was standing at the gate of his house, he saw Sirnam and Atar Singh etc. quarreling with each other. In the meantime appellant Kirti along with Dhuliya, Ramratan, Ramsahai, Munna, Subedar, Amresh, Kedar, Mewaram, Kallo and Gabbar came there. Appellant Kirti had a 12 bore gun and he opened fire on Layak Singh, the pallets of which hit on his left thigh and he fell down. It was alleged that the accused persons had encircled him. After the incident, Lalla, Vidya, Ramuji etc. brought him to the hospital in a tractor. THE learned behind the incident having taken place was stated to be some dispute between Ramuji and Subedar in regard to money transaction. In the incident, Rambharose and Veere also sustained injuries.

(3.) WE have heard learned counsel for the appellants and the learned Public Prosecutor and carefully scanned the evidence and material available on record.