GURUCHARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the instant criminal appeal, the accused-appellant (hereinafter referred to as the 'appellant') has approached this Court assailing the validity of the judgment and order of sentence dtd. 5/11/2022 passed by learned Additional Sessions Judge, Wair, District Bharatpur (hereinafter referred to as the 'learned Trial Court') in Sessions Case No.44/2021 (CIS No.45/2021).

(2.) Vide the impugned judgment, the learned Trial Court has convicted and sentenced the appellant as under:

(3.) Succinctly stated, the prosecution case unfolds from a written report dtd. 14/11/2015 (Ex.P-8) filed by Ramkishan (PW- 9) at Police Station Halena, District Bharatpur, which was later registered as FIR No. 289/15 (Ex.P-9). It was alleged that on the intervening night of 13/11/2015, at around 11:30 PM, while the informant was lying in bed and listening to music at his residence, he heard the sound of a gunshot. Upon rushing to the courtyard, the informant witnessed the appellant-Gurucharan@Babloo, firing a gunshot at his brother, Jagdish (deceased), which hit him hard on the stomach and hip region. The informant further stated that he chased the appellant, who then fled away on a running motorcycle driven by another person, later identified as Abdul s/o Rehman.