CHIDIYA @ BALBIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 374(2) Crimial P.C. against the judgment and order dated 20.07.1994 passed by Additional Sessions Judge No.2, Sri Ganganagar Camp at Sri Karanpur (for short the trial court) in Sessions Case No.48/1993 whereby the learned trial Court convicted and sentenced the accused-appellant. The sentence awarded to the accused-appellant is as under:- <FRM>JUDGEMENT_73_LAWS(RAJ)6_2016.html</FRM>

(2.) As per the case set up by the prosecution, an FIR was lodged by one Tara Chand on 04.02.1993 alleging that about 3-4 days back, the accused-appellant Balbir Singh came to his house in a drunken condition and started giving abusive language. At that time there was much altercation between them. It was further alleged that when the accused-appellant was going back, he told the complainant that he will see you later on. Thereafter on 04.02.1993 at about 10:30 in the night, the accused-appellant called the complainant outside his house. When the complainant came out from his house, the accused-appellant Balbir Singh fired upon him which was hit on his left hand. Thereafter the accused-appellant again fired two shot upon the complainant. Bhadar Ram and Jeeta Ram were also present at the time of incident. On the said complaint, the Police registered FIR No.14/1993 against the accused-appellant for offences under Sections 307 Penal Code and under Sections 25 & 27 of Arms Act and commenced investigation. After due investigation, the police filed challan against the accused-appellant for the aforesaid offences. Thereafter the case was committed to the Court of Additional Sessions Judge No.2, Sri Ganganager Camp at Sri Karanpur for trial.

(3.) After hearing the arguments and considering the material on record, the learned trial court framed charges against accused-appellant for offences under Sections 307 Penal Code and under Sections 25 & 27 of Arms Act, who pleaded not guilty and claimed trial.