JAGDISH @ JAGGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant D.B. Criminal Appeal has been preferred by the accused-appellant under Sec. 374(2) of the Code of Criminal Procedure assailing the validity of the judgment and order dtd. 30/9/2016 passed by the learned Additional Sessions Judge No. 6, Jodhpur Metropolitan (hereinafter referred to as "the learned trial court") in Sessions Case No. 20/2013 (NCV No. 672/14), whereby the learned trial court convicted and sentenced the accused-appellant for the offence punishable under Sec. 302 of the Indian Penal Code and under Sec. 3/25 of the Arms Act as follows:-

(2.) As per the prosecution case, on 9/8/2012, P.W.1 Mohan Lal submitted a written report (Ex.P.1) at Police Station Luni alleging, inter alia, that on the said date at about 4:00 PM, he was present at the house of his uncle-Girdhari Ram, along with Dungar Ram, Gopa Ram, Chamu Devi, Samli Devi and Sayari @ Shanti. At that time, his mother Dakhu Devi and the mother of Dungar Ram, namely Chandu Devi, were returning from the field. Suddenly, they heard cries "ekjs js, ekjs js", whereupon the complainant along with Dungar Ram, Gopa Ram and the aforesaid women rushed towards the direction of the noise. Upon reaching there, they saw that accused Jagdish, armed with a gun was quarrelling with Dakhu Devi and Chandu Devi. When Dungar Ram and Gopa Ram attempted to intervene, Jagdish fired at them, as a result of which, both of them sustained gunshot injuries and fell down. Thereafter, the accused fled away from the spot. The complainant immediately informed the 108 Ambulance service and also conveyed the information to Police Station Luni. Subsequently, both the injured persons were taken to the hospital, where they were declared dead.

(3.) On the basis of the said written report (Ex.P.1), a formal FIR bearing C.R. Case No.100/2012 was registered at Police Station Luni, District Jodhpur for the offence under Sec. 302 IPC and investigation was commenced.