STATE OF RAJASTHAN Vs. PRITHVI RAM AND ANR.

JUDGEMENT

(1.) These two appeals have been filed by the accused appellants being aggrieved by the decision of the Court of learned Additional Sessions Judge, Raisinghnagar in Sessions Case No. 2/1985 dated 14.8.1985. One appeal has been filed by the accused appellant being aggrieved by the sentence and conviction and the other appeal has been filed by the State against the acquittal of the accused under Sec. 302/34.

(2.) The prosecution was initiated on the basis of a report lodged at Police Station, Rai Singh Nagar on 30.10.1984 by Vijay Kumar against three persons Prithvi, Chandu and Ram Kumar at 11 P.M. alleging that at about dusk on the fateful day the three accused appellant came out of the cotton crops and fired at the deceased Shiv Kumar, who resides at Chak 53 NP. Vijay Kumar informed that while they were checking the water flow in water course then a fire was made by Prithvi and other two accused persons caused injuries to deceased. The firearm used was a pistol. Having seen this, Krishnalal went to the house of the deceased and informed his wife Savitri. Savitri then visited the scene of occurrence and sent Krishna to 'Phojiwala' to summon Vijay Kumar then Vijay Kumar and Krishna went to the Police Station to lodge the report.

(3.) On such information, investigation was initiated, after investigation charge sheet was filed against the accused Prithvi Ram and Ram Kumar. Chandu being child was proceeded in the children Court. After filing of the charge-sheet, the same was made over to the trial Court. The trial Court framed the charges against the accused appellants. The accused appellant Prithvi Ram was charged under Sec. 302 I.P.C. and Sec. 27 Arms Act and accused appellant Ram Kumar was charged under Sec. 302 I.P.C.