RAM GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Sri Ganganagar dated October 29, 1975 whereby the learned lower court held accused Ramgopal guilty of the offence Under Section 302 IPC and sentenced him to imprisonment for life. He has also been held guilty of the offence Under Sub -section 25(1)(a) and 27 of the Arms Act and has been sentenced to six months rigorous imprisonment and one year's rigorous imprisonment respectively for the above said two offences. The substantive sentences were ordered to run concurrently.

(2.) THE facts of this case briefly stated are : that on May 8, 1974 at about 8.30 P.M. accused Ramgopal was working as labourer on the tube -well of one Beharilal situated in village Sadhuwali. It is alleged that Krishna Lal s/o Amichand and Hansraj s/o Krishanlal were sitting on the hotel of Surajbhan, which is situated at the Bus -Stand. Some other persons were also sitting there. It is alleged that Hanuman and Krishnalal had some enmity with accused Ramgopal. It is further alleged that before 5 -6 days of the occurrence, one Roshankhan snatched one rupee from accused Ramgopal and he purchased a bottle of soft drink with that amount. This enraged accused Ram -Gopal. However, Krishnalal and Hansraj intervened and implored him not to get enraged. They suggested to him that he may snetch two rupees from Roshankhan on any other occasion. This led to exchange of some hot words between these three persons. When Krishanlal and Hansraj were sitting on the hotel of Surajbhan on the day of the incident and were enjoying their tea, one Hanuman son of Dhonkal came there. He was in search of some labourers but he could not find them. When he saw Hansraj and Krishanlal sitting on the hotel of Surajbhan, he requested them to help him in thrashing his wheat crop and assured them to help and them to render all help in their thrashing operation, whenever occasion arises. Krishanlal and Hansraj expressed readiness to help him and enquired of him as to when they have to come to his field ? Hanuman, therefore, informed them that they may accompany him then and there. However, he requested them to allow him to have tea, whereupon, Hansraj and Krishanlal told him that he may take his own time and enjoy his cup of tea. They i.e. Krishanlal and Hansraj proceeded from the bus -stand towards the field of Hanuman. After taking tea, Hanuman also followed them. It is alleged that when Hanuman reached near the tube -well of Ladhuram, heard the noise of a gun -fire which was coming from the side of Behari's tube -well. He immediately crossed the turn of the road and reached the bridge. There, he heard Hansraj shouting 'Ramgopal do not kill'. At that point of time, he heard the noise of the firing of second pistol shot. As soon as he reached on the small bridge, he found Krishan Lal lying on the Kachha road going from Sadhuwali to Bhagsar and Hansraj running towards the village wheras Ramgopal once again fired from a pistol towards Krishana Lal which hit him on his head. At that time, he was 20 -25 paces away from the place of the incident. A bulb fixed to an electric pole situated on the roof of the tube -well room was spreading light in the nearby area and, therefore, he could see the occurrence from his own eyes from that distance. He then came back running to the bus -stand. There, he found Hetram, the real brother of Krishna Lal sitting at the hotel of Surajbhan. He called him aside and told him that his brother Krishna Lal has been killed by Ramgopal. Soon thereafter, Hansraj also came running to the bus stand and he openly proclaimed that Ramgopal has killed Krishnalal with a pistol by firing three rounds from it. On this, Hetram, Hetram son of Ranjeet, Sukhdeo and Hanuman went to the tube -well of Behari where they found that Krishnalal was lying dead on the road. He had injuries on his chest, stomach etc. and his injuries were bleeding. Hetram then left for the village, leaving behind his companions to guard the dead body, to call his father and mother as also to bring a Tractor to shift the dead body of Krishnalal to the village. After he brought the tractor, he went to lodge a report at the police station -Sadar, Sriganganagar. However, before he reached the police station, Sadar, accused Ramgopal had already reached there and he lodged an oral report to the Police to the effect that he has killed Krishnalal on account of enmity existing between them with the help of a pistol. He also surrendered to the Police, the pistol and three empty cartridges which were used during the occurrence and two live cartridges. The information given by him was recorded at Police Station, Sadar as Ex. P 23. The accused was arrested vide Ex.P. 18. The pistol, three empty cartridges and two live cartridges were separately seized and sealed by the police vide Seizure Memos Ex.Ps 19 to 21 respectively. The report of arrest of accused Ramgopal was recorded in the Rojnamcha which has been marked Ex. P 22. The Police then examined Hetram son of Amichand who reached the Police Station to lodge the report. It then proceeded to the place of occurrence and found the dead body lying near the tube -well of Behari. Site Plan Ex.P 24 and site inspection memo Ex. P. 24 -A were prepared. On the next day, the description of the dead body was recorded in Ex. P 25. Report Under Section 174 Cr. PC was drawn and it has been marked Ex. P. 26. From the place of the incident, one wad was found at a distance of 7 -1/2, away from the dead body and two wads were found lying near the right side of the waist of the deceased. They were seized and sealed vide Ex. Ps. 27 and 28 respectively. One more wad was recovered from near the right knee of the deceased vide memo Ex. P. 29. Certain articles i.e. one match box, a bundle of bidis and some plastic articles were recovered from the person of the deceased vide memo Ex. Ps. 30 and 31. Blood stains and control soil were seized vide memos Ex. Ps. 32 and 33, Blood stained clothes, sandles of the deceased were recovered vide memos, Ex. Ps. 34 and 36. Photographs of the dead body were taken vide memo Ex. P. 11 and the photographs have been marked Ex.Ps. 3 to 6 and their negatives have been marked Ex. Ps. 7 to 10. They were taken into possession by the police from the Photographer vide memo Ex. P. 37. The sanction for prosecution of Ramgopal Under Section 25 of the Arms Act was obtained from the District Magistrate, Sriganganagar which has been marked Ex.P. 38. All these sealed packets were sent for Chemical Serological examination vide memo Ex. Ps. 39 to 42. The report of the chemical examination has been marked Ex. P. 43. The Rapat Rojnamcha for sending these articles for chemical analysis has been marked Ex.P. 12 and the copy of the Register has been marked Ex. P. 13. The autopsy on the dead body of the deceased was got conducted at the spot and the post mortem report has been marked Ex. P. 7.

(3.) AFTER hearing the parties, the learned lower court held the accused -appellant Ramgopal guilty of the offences as aforesaid and sentenced him to various terms of imprisonment. Aggrieved against this judgment, the accused appellant Ramgopal has preferred this appeal.