BHOJRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 1972 of the learned Additional Sessions Judge, Alwar whereby he convicted the accused-appellant Bhojraj Singh under S. 308 Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of one year and to pay a fine of Rs. 100.00, in default of the payment of which to undergo rigorous imprisonment for a further period of two months.

(2.) The prosecution story as disclosed at the trial in a nutshell is that on July 30,1971 accused Bhojraj Singh was posted on duty at Police Station, Mandhan, which is situated near the bus stand. At nearly 12 30 p.m. the accused-appellant, on the date of occurrence, i.e. July 30, 1971, went near the shop of P.W. 3 Laxmi Dhar. At the relevant time P. W. 1 Durga Prasad was talking with P.W. 4 Hazarilal. The accused asked P.W. 1 Durga Prasad as to what made him to make a noise. P.W. 1 Durga Prasad refuted the allegation and asked him to look after his own job. The accused got infuriated and loaded his gun which he was holding in his hand and fired a shot. The shot did not hit anybody. Thereafter P. W. 7 Balveer Singh relieved the accused of his rifle Ex. 1 and bandoleer Ex. 3. The first information report Ex. P. 2 of this occurrence was lodged at the Police Station, Mandhan on July 30, 1971 at 1 p.m. that is, within half an hour of the occurrence. The police after usual investigation submitted a challan in the Court of Munsiff-Magistrate, Behror. The learned Magistrate after taking proceedings under S. 207 A Cr. P. C. committed the accused to face his trial under S. 307 Indian Penal Code and ultimately the accused was tried by the learned Additional Sessions Judge, Alwar. The accused pleaded not guilty to the charge.

(3.) In support of their case the prosecution examined eight witnesses, out of whom P. W. 1 Durga Prasad, P.W. 3 Laxmi Dhar, P.W. 4 Hazari and P.W. 5 Nawal Kishore are alleged to be the eye-witnesses of the occurrence, out of whom P.W. 3 Laxmi Dhar. P.W. 4 Hazari and P.W. 5 N'awal Kishore were declared hostile to the prosecution and they were allowed to be cross-examined, P. W. 8 Kaptan Singh is the Investigating Officer of this case. The accused-appellant in his statement under S. 342 Cr. P.C. denied his complicity in the crime and stated that he was dead drunk and was not in a position to know the nature of the act done by him. He did not examine any witness in support of his plea. The learned Additional Sessions Judge held that P.W. 1 Durga Prasad made a vacillitating statement regarding the aim of the gun by the accused towards him. The witness admitted that he did not know whether the shot was fired at him or anybody else and did not know in which direction the buliet went. He further held that P. W. 1 Durga Prasad made improvements in his statement recorded before the trial court from his police statement. Placing reliance on the statement of P.W. 1 Durga Prasad and other prosecution witnesses the learned Additional Sessions Judge came to the conclusion that the prosecution had succeeded in proving beyond reasonable doubt that the accused had fired the gun at the bus-stand, Mandhan near the shop of Laxmi Dhar soon after the exchange of invectives with P. W. 1 Durga Prasad. He, instead of. convicting the accused-appellant under S. 307 Indian Penal Code held the accused-appellant guilty of the charge punishable under S.. 308 Indian Penal Code and sentenced him as mentioned above. Being aggrieved of the verdict of conviction, the accused-appellant has come up in appeal before this Court.