CHIRANJI AND DAYARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 18 -3 -1983 passed by the Addl. Sessions Judge, Kishangarhbas convicting the appellants under Section 302/34, IPC and sentencing them to imprisonment for life and a fine of Rs. 500/ -. Accused appellant Dayaram has also been convicted under Section 3/25 and Section 27 of the Arms Act and has been sentenced to 3 months RI and 6 months R.I. respectively.

(2.) BRIEFLY stated, the facts of the case are that an oral report (Ex. D 1) was lodged by PW 1 Nathu at P.S. Tijara. On the basis of this report, an FIR was chalked out at the police station. In the report, it has been alleged that on 6 -4 -1981 at about 5 -30 to 6 p.m the accused -appellants armed with a gun and katta came to his house and after abuses Chiranji alias Chimta appellant called deceased Shera (son of the informant) to come out of the house. At this Shera came out and at that time the accused appellant Chiranji alias Chimta fired his gun which hit Shera on his chest. The second shot was fired by accused Dayaram which also hit him on his chest. It has been further alleged in the report that the informant and the wife of Shera tried to intervene and at that time the appellant Chiranji inflicted a lathi blow. After sustaining the injuries, Shera died on the spot. In this report, it has also been alleged that prior to this occurrence Smt. Bharpai wife of Shera was beaten by Dayaram and the daughter of accused Chiranji a report of which was also lodged at P.S Tijara which was recorded in the Roznamcha of P.S. Tijara, copy of which is Ex. P.A -1. In the report Ex. D 1 it has also been alleged that the occurrence was witnessed by the persons who were working in the fields nearby the place of occurrence. On the basis of this report Ex. D 1 a case for the offence under Section 302 and 323, IPC was registered and the investigation was set in motion. After conducting the investigation a challan was filed against the accused -appellants in the court of Munsif and Judicial Magistrate, Tijara, who committed them to the Court of Sessions for trial, which was conducted by the learned Addl. Sessions Judge Kishangarhbas.

(3.) PW 1 Nathu is the informant, who has deposed in detail the facts relating to this occurrence. PW 2 Smt. Rajbala has also narrated the facts of the incident and claimed herself to be an eye witness. PW 3 Smt. Bharpai is the wife of deceased Shera, who has also claimed herself to be the eye witness of the occurrence. PW 4 Nepali and PW 5 Lalsingh are the witnesses of recovery of the gun at the instance of accused Chimta. PW 6 Bhupsingh is the attesting witness of Panchnama and memo Ex. P 6. regarding seizure of blood stained earth and seizure memo Ex. P. 7. PW 7 Dr. Dinesh Chand Sharma has stated that on 7 -4 -1981 he was posted as Medical Officer Incharge of Tijara hospital. It has also been further stated by him that he conducted post -mortem of Shera at the request of the police. This witness has proved the post -mortem report (Ex. P 9). PW 8 Kali Shanker has stated that he arrested the accused Chiranji and Dayaram vide arrest memos Ex. P. 11 and Ex. P. 12. PW 9 Banshiram has stated that the articles seized and recovered in case No. 32/81 State v. Chiranji and Daya Ram under Section 302/34, IPC were received by him for handing over the same in the Forensic Science Laboratory, Jaipur and he handed over the same in that office. PW 10 Lalsingh has been produced as an eye witness of the occurrence but the witness turned hostile. It has been stated by him that his agricultural field is at a distance of half mile from the place of incident, but he did not see any occurrence. PW 11 Rajkumar has also been produced by the prosecution as an eye witness but he also turned hostile and stated that he did not see any occurrence. He disowned his police statement Ex. P 14. Similarly, PW 10 Lalsingh disowned his police statement Ex. P 13. PW 12 Jagdishprasad is a formal witness. PW 13 Rameshwar Lal was incharge P.S Tijara on the relevant date, who conducted investigation of this case.