LAXMI NARAYAN AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated Feb. 15, 2003 of the learned Additional Sessions Judge (Fast Track) Alwar, whereby accused appellants Laxmi Narayan and Baburam @ Babu were convicted and sentenced as under :

(2.) Briefly stated the prosecution case is that on 12.6.2001 at 5.30 PM while Shri Hari Singh (PW 23), SHO, Police Station Shivaji Park, Alwar was on patrolling duty, he received an information that quarrel had taken place between sweepers at 60 Feet Road, Alwar and the injured persons were admitted at General Hospital, Alwar. So, he arrived at the hospital at 7.00 PM and on contacting the Medical Jurist, he came to know that Ramesh S/o Shri Mangal had expired while Mangal was admitted in injured condition. So, he recorded 'Parcha Bayan' of Smt. Geeta W/o Shri Anil Mehtor R/o 60 Feet Road, Alwar wherein she stated that on that day at 3-3.30 PM Laxmi Narayan, Santra W/o Laxmi Narayan started abusing her father-in-law Manglaram while he asked them not to abuse Laxmi Narayan @ Katedi came armed with a gun while Santosh, Ram Singh, Mahesh, Santra and Kailash came armed with: 'Lathi' and 'Farsi'. Then, Laxmi Narayan first fired a gun shot hitting Ramesh and then to Mangal while his other family members Fema, Suresh, Manoj, Savitri, Manju W/o Shri Babu also came armed with 'Lathi'. Her father-in-law Mangal Ram and brother-in-law Ramesh were admitted in the hospital for their gun shot injuries. Ramesh succumbed to his injuries on arrival at the: hospital. The incident was seen by neighbours Suresh shop-keeper, Pratap Chamar, Bittu S/o Pratap, Ramphal S/o Mangal, Sona Devi and Prem Devi. The accused absconded from the place of occurrence on arrival of neighbours. On the basis of 'Parcha Bayan', a case u/s 147, 148, 149, 302 and 307 Penal Code was registered and the investigation commenced. Injured Manglaram was referred to SMS Hospital, Jaipur where he succumbed to his injuries and post-mortem was conducted on 13.6.2001. During the investigation, site map was prepared, necessary memos were drawn and after collecting necessary evidence, two appellants alongwith Mst. Santosh, Mst. Manju and Mst. Shakuntala were challaned. In due course, the case' came up for trial before Additional Sessions Judge (Fast Track), Alwar. Charges u/s 147, 148, 302 and 302/149, Penal Code were framed against all the accused while appellant Laxmi Narayan was additionally charge-sheeted for the offence u/s 29 and 30 of the Indian Arms Act and appellant Baburam was additionally charge-sheeted u/s 3/25 of the Indian Arms Act. The accused pleaded not guilty and claimed trial. The two appellants were convicted as indicated hereinabove while other co-accused were acquitted.

(3.) The appellants were examined u/s 313 Cr.PC., the appellants claimed innocence and explained that they were falsely implicated due to enmity. They also explained that the gun recovered was fired by the police in their presence. Balwantrai (DW 1) has been examined as defence witness on the point that on the day of incident, two appellants were present at Bhatinda (Punjab) where appellant Laxmi Narayan was married.