SHEORAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellants under Sec. 374 Crimial P.C. against the judgment passed by Additional Sessions Judge, Nohar (hereinafter referred to as 'the trial court') in Sessions Trial No.72/1987 dated 11.10.1989 whereby the learned trial court has convicted the appellant Sheoram under Sec. 307 I.P.C. coupled with under Sec. 27 of Arms Act and convicted the appellant Jai Singh under Sec. 307/34 I.P.C. coupled with under Sec. 27 of the Arms Act each for 3 years R.I. and a fine of Rs. 1,000.00 and under Sec. 27 of Arms Act sentencing them for one year's R.I.

(2.) The facts of this appeal are that the complainant Harpatram PW-1 was returning to his Dhani after cultivating his field on 5.8.1987 at about 10:00 - 10:15, both Sheoram and Jaisingh were seen coming towards him. Sheo Ram from village side and Jai Singh from northern side, both were having pistols, Jai Singh fired at him which did not hit him because he fell down arisingly he started fleeing then Sheo Ram came from front side and fired at him, he sustained injuries on chest, stomach, arm and other parts and felt down. Pratap and Kashi Ram came to rescue on hearing cry and on their warning, the accused fled away and also fired while leaving. It has also been mentioned in the contents of FIR that both the accused were grudging enmity with complainant because he had given Rs. 7600.00 to Sheo Ram and on demand he declined. Sheo Ram had scuffled earlier also and a case had taken place, both are neighbours and out of enmity, both tried to murder me and have injured by shooting. This FIR was lodged on the basis of statement narrated by injured complainant Harpat on 5.8.1987.

(3.) During the investigation, site plan was prepared and blood stained cloths as well as soil samples were taken, weapons from both the accused were recovered at their information under Sec. 27 of the Indian Evidence Act and both the weapons as well as Kurta were sent for FSL and ballistic examination.