NARAYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) NARAYAN Singh and Ganga Ram (appellants herein) along with Nain Singh were put to trial before the learned Additional Sessions Judge (Fast Track) No. 2, Jhalawar, who vide judgment dated February 12, 2002 convicted and sentenced the appellants as under:- NARAYAN Singh: U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer two months simple imprisonment. U/s. 449 IPC: To suffer rigorous imprisonment for five years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. U/s. 3/25 Arms Act: To suffer rigorous imprisonment for one year and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. Ganga Ram: U/s. 302/34 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer two months simple imprisonment. U/s. 449 IPC: To suffer rigorous imprisonment for five years and fine of Rs. 500/-, in default to further suffer one month simple imprisonment. All sentences were directed to run concurrently. Charges against co-accused Nain Singh were however not found established and he stood acquitted.

(2.) IT is the prosecution case that on May 6]2001 at 9. 20 AM Ramlal (PW. 4) reached to the Police Station Pidawa and orally informed that in the preceding night around 2 AM Narayan Singh, Ganga Ram and Nain Singh scaled the wall of Narwar's house. Narain Singh then called Narwar to come out. When Udai Singh intervened Narain Singh opend fire at Udai Singh with 12 Bore country made gun and killed him. The oral information supplied by Ram Lal was taken down and case under sections 452, 302/34 IPC was registered and investigation commenced. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 2, Jhalawar. Charges under sections 449, 302, 302/34 IPC and 3/25 Arms Act were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 13 witnesses. In the explanation under section 313 Cr. P. C. , the appellants claimed innocence. One witness in defence was examined. Learned trial Judge on hearing final submissions while acquitting co-accused Nain Singh convicted and sentenced the appellants as indicated herein above.

(3.) SO far as charge against appellant Narain Singh is concerned the testimony of Ganga Bai is consistent and it could not be shattered in the cross examination. The evidence gets corroboration from the testimony of Tej Singh Hada IO (Pw. 13) to whom appellant Narain Singh gave information (Ex. P-20) under Section 27 Evidence Act to get the gun allegedly used in the crime, recovered on the basis of disclosure statement of Narain Singh. The gun got recovered by recovery memo Ex. P-17. Narain Singh did not have licence to possess the gun. This fact was certified by Tehsildar in the report (Ex. P-23 ). District Magistrate Jhalawar accorded sanction (Ex. P-22) to prosecute Narain Singh under the Arms Act.