MUKHRAM Vs. STATE

JUDGEMENT

(1.) THIS appeal by the accused is directed against the judgment dated August 7, 1976 of the Additional Sessions Judge, Hanumangarh, convicting and sentencing the appellant for the offence under section 302 I. P. C. to life imprisonment and under section 27 of the Arms Act to two years' rigorous imprisonment and a fine of Rs. 500/- in default of payment of fine to 3 months' further rigorous imprisonment.

(2.) THE case relates to the incident which took place on March 11, 1974, at about 4. 15 P. M. at the house of Ganpat Ram in village Naiwala which resulted in the death of Chet Ram by a gun shot injury. THE version given in the first information lodged at Police Station Tibbi on March 12, 1974 at 8. 15 A. M. by Shri Ram, brother of the deceased was that on the date of the incident at about 4. 15 P. M. the accused had gone to the house of Ganpat Ram in connection with the marriage of his son. THE accused was having a gun with him. He went inside the house, leaving his gun on a cot out side. THE deceased who was also there lifted the gun and while he was to handling it, the gun got fired, causing injuries to Chetram which resulted in his death.

(3.) SHRI Sujan Singh S. H. O. was examined as a Court witness and he deposed to the various steps taken by him during investigation. He further stated that he had submitted a final report to the Dy. Superintendent of Police SHRI Narnarain who forwarded the same to the Court of Sub-Divisional Magistrate. The final was then accepted by the learned Magistrate. He further deposed that thereafter the gun and the clothes were destroyed.