DEVENDRA SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this cr. appeal filed by the appellants under Section 374 Cr.P.C., the judgment dated 20.11.2012 passed by the learned Addl. Sessions Judge, Shahpura, District Bhilwara in Sessions Case No. 12/2010 is under challenge whereby the learned trial court convicted the accused appellant Devendra Singh for the offence under Section 302 IPC and under Section 30 of the Arms Act whereas the two other accused appellants Hanuman Singh and Manvendra Singh convicted for offence under Section 302/34 IPC and following sentence was passed against them:

(2.) As per facts of the case, report (Ex. P/26) was submitted by the complainant Vishwanath Pratap Singh before the SHO Police Station, Fuliyakallan at the place of occurrence on 1.45 pm in which it was alleged that on 18.6.2010 his brother Maniraj Singh and Kamlesh Sharma went to see their agricultural field, thereafter, complainant alongwith PW-2 Hansraj, PW-3 Anil and PW-8 Chhotu Lal also went to the agricultural field for handing over the land for cultivation on contract (Sijara). When they reached on spot, the accused appellant Devendra Singh, Hanuman Singh and Manvendra Singh were already cultivating their field by tractor. The accused appellant Hanuman Singh was driving tractor and two other accused appellants Devendra Singh and Manvendra Singh were sitting on the tractor. According to the allegation of the complainant, Devendra Singh was having double barrel gun and they gave threatening to Maniraj Singh "how you entered in the field, now you will not alive". While saying so, accused appellant Devendra Singh fired on Maniraj Sing, which hit right side of his chest and due to said gun shot injury Maniraj Singh fell down. The other person Kamlesh Sharma run away from the site, but accused appellants followed him and again Devendra Singh made fired upon Kamlesh Sharma and therefore, Kamlesh Sharma also fell down and died on spot. As per submission of complainant he is eye witness of the incident. Thereafter, all the accused persons run away from the place of occurrence.

(3.) Upon aforesaid report submitted by the complainant Vishwanath Pratap Singh, FIR No. 73/2010 for offence under Section 302/34 IPC and under Section 3/27 of the Arms Act was registered against the accused appellant and investigation was commenced. The investigating officer after conducting thorough investigation filed charge-sheet against the accused appellants in the court of Addl. Chief Judicial Magistrate, Shahpura, District Bhilwara from where case was committed to the court of Addl. Sessions Judge, Shahpura, District Bhilwara for trial.