JAGDISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By his judgment dt. Sept. 16, 1980 the learned Sessions Judge, Pratapgarh convicted the accused Jagdish Chandra under S.302, I.P.C. and S.27 of the Arms Act and sentenced him to imprisonment for life with a fine of Rs. 500/-, in default of the payment of fine to further undergo three months' rigorous imprisonment on the first count and three years' rigorous imprisonment on the second count. Sentences were directed to run concurrently. The accused has come-up in appeal to challenge his conviction.

(2.) Abdul Rahim - the deceased victim in the case - was a resident of Basai P.S. Vijaypur district Chittorgarh. The accused is also a resident of the same town. He had however, migrated to Chittorgarh, but at times used to come to Bassi. When the accused was at Bassi, he used to live in a shop shown by digit '8' in site plan Ex. P3. At about 8.30 a.m. on May 12, 1979, PW 2 Rajmal Teli was taking his bullock-cart loaded with grass-bundles to his house. The cart was moving from North to South. Abdul Rahim came from behind the cart and proceeded further keeping himself on the left-side of the cart. It is alleged that at that very time the accused came out from his shop with a gun in his hand, took position in between the bullock's feet and the wheel of the cart and fired a shot at Abdul Rahim. Abdul Rahim fell down. Rajmal (PW 2) raised cries. The accused went back in his shop and again came out with a gun. He then went towards Abdul Rahim and fired another shot with his gun. The accused returned to his shop, placed his gun there and came out. He then disappeared. Abdul Rahim passed away instantaneously on the spot. Hearing the gun-shots, PW 1 Noor Mohammed - Head Constable, Police Out Post, who was on the general round with one Police Constable Pushkar Lal - came running to the spot. Rajmal (PW 2) told them that Abdul Rahim was shot dead by the accused Jagdish Chandra. Noor Mohammed posted Pushkar Lal to keep a watch on the victim's dead body. He drew up report Ex. P 1 and sent it to Police Station, Vijaypur, with one Roop Lal Kalal. Report EX P 1 was received at the Police Station at about 9.30 a.m. A case under S.302, I.P.C. was registered. The Station House Officer Nana Lal (PW 8) arrived on the spot at about 10.30 a.m. and prepared the inquest report of the victim's dead body. Since the accused was living at Chittorgarh, the message to arrest him was flashed. The Deputy Superintendent of Police Mr. Liyakat Ali (PW 18) also arrived on the spot. The site was inspected and blood-stained soil from there was seized and sealed. The post-mortem examination of the victim's dead body was conducted at about 4.00 p.m. by PW 9 Dr. Mansukh Lal - the then Medical Officer In charge, Government Dispensary, Bassi. The doctor noticed the following ante-mortem injuries on the victim's dead body : -

(3.) We have heard Mr. M.C. Bhandari - the learned counsel for the appellant and Mr. L.S. Udawat - the learned Public Prosecutor. We have also gone through the case file carefully.