PREM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Prem Chand, accused-appellant, has filed this appeal against the judgment dated 11th Sept., 1976, passed by the learned Addl. Sessions Judge, Jhalawar, whereby the appellant was convicted for an offence under Sec. 302, Penal Code for committing the murder of Gopiraman and sentenced to imprisonment for life and, for an offence under Sec. 307, IPC, for making an attempt to commit the murder of Virendra Kumar to rigorous imprisonment for a period of five years and a fine of Rs. 500.00.

(2.) Briefly stated the facts of the case are that on 26th Dec., 1973, at 1.30 a.m. Ex. P/1, FIR was handed over at the Railway Station, Bhawani Mandi to PW/15 Rameshwarlal (SHO), which was a written report of PW/1 Virendra Kumar. According to the prosecution story, one Virendra Kumar alighted from the compartment at Bhawanimandi Railway Station from passenger 56-UP local. On 25th Dec., 1973, at 6 p.m. after seeing his father Gopi Raman, standing on the platform who had come there to receive him. Virendra Kumar went towards the rear of the train where his father was standing when they were talking and proceeding towards the compartment. Virendra Kumar heard the sound of gun-shot coming from the back-side. He saw the accused-appellant, Prem Chand, firing at his father from a revolver. It is alleged that after the first shot, Prem Chand fired two more shots at his father. It is further alleged that Amrit Singh, Babu Khan and two-three friends were shouting and saying to Prem Chand to kill Gopi Raman and his son Virendra Kumar (PW/1). Virendra Kumar (PW/1) seeing the accused firing tried to catch hold of him, but he fired on him. which hit his right hand and pierced Amrik Singh and others sprang on him and ran away after releasing Prem Chand. Gopi Raman sustained injuries and fell down on the platform. At that time. Ram Swaroop and Krishna Kumar and others were present. Both, father and somewhere taken to the hospital in a thela to Bhawani Mandi hospital where Gopi Raman was declared dead. It is further stated that the incident was reported by the Asstt. Station Master, Bhawanimandi on telephone. Virendra Kumar (PW/1) lodged a written report Ex.P/1. Virendra Singh sent Ex.P/1 with his cousin Om Prakash (PW/10) to the Police Station, Bhawani Mandi. This report Ex P 1 was handed over to Gopal Singh ASI, PS Bhawani Mandi. But, it was not taken by him on the ground that the case related to the jurisdiction of Railway Police. Ex P./1 was thereupon taken by Om Prakash PW/10, to Behsoda Mandi where it was given to the Head Constable, Behsoda Mandi who gave it to Madan Lal (PW/7) and Madan Lal handed over the same to Rameshwar Lal (PW/15), SHO.

(3.) In order to prove the case, the prosecution has examined 17 witnesses. The accused denied the allegations and sought trial. The accused was charged for the offence under Sections 302 and 307, IPC. In his statement, stated that he has been falsely implicated. The accused has examined one witness Mohan Singh in his defence. After appreciating the entire evidence on record, the learned Sessions Judge held the accused, Prem Chand, guilty of the offence under Sec. 302, IPC, for committing the murder of Gopi Raman and for an offence under Sec. 307, Penal Code for making an attempt to commit the murder of Virendra Kumar. He was accordingly sentenced to imprisonment for life for committing the offence under Sec. 302, Penal Code and sentenced to five years rigorous imprisonment and a fine of Rs. 500.00 for committing an offence under Sec. 307, IPC. Through this appeal, the appellant has challenged his conviction on various grounds.