RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dt 29 -9 -78 Passed by the learned Sessions Judge, Pratapgarh, by which appellant Rameshwarlal was convicted for the offence under Section 304, Part -II of the Indian Penal Code and sentenced to one year's rigorous imprisonment and a fine of Rs. 300/ -, in default, to undergo one month's rigorous imprisonment.

(2.) BRIEFLY stated, the facts of the case are as under: The appellant was posted as Forest Guard at Sonva forest out -post on 29 -10 -1977. When he had gone for strolling in the forest, he found deceased Nana Chand (PW 2), Bhera PW 3) and Dalla (PW 4) cutting wood from the jungle. He abused them and fired shot. Nana sustained injury on the back -side of loin. Nana's companions ran away, In the morning, the appellant took the deceased on his back to the village. He gave Rs. 140/ - for his treatment. The deceased was taken to the Hospital, Chittorgarh on 30th November, 1977. Dr. Ravi Bhargava (PW 1), Medical Jurist, examined him and found four injuries. The medicial report is Ex. Pl. The injured was sent to the Surgical word. Police was informed. Nana succumbed to the injuries on 4 -12 -1977. Dr. G.L. Dad, Medical Jurist, General Hospital, Udaipur conducted the post mortem examination of the dead body and prepared the report Ex. P. 12. Ram Singh S.H.O. of Police State, Chittorgarh during investigation of the case, recovered one axe from the site and one gun produced by witness Jodha (PW 11), said to have been given to him by the accused. The S.H.O. upon completion of necessary investigation filed the charge sheet in the Court of Munsif and Judicial Magistrate, Chittorgarh. The learned Magistrate committed case to the Court of Sessions, Pratapgarh. The learned Sessions Judge charge -sheeted the appellant for the offence under Section 302 IPC and Section 27 of the Arms Act. The charges were explained to the appellant and his plea was recorded. He denied the charges and claimed to be tried. Prosecution examined 16 witnesses in all. The appellant, in his statement under Section 313 Criminal Procedure Code, denied the firing of the shot and causing injury to Nana. He stated that the witnesses were committing theft of forest wood. He also stated that on 29 -11 -1977 he had gone for patrolling in village Senya, where certain persons were cutting wood. When he called them, they attacked him. They had axes with them and snatched his gun. One defence witness was examined who stated that on 29 -11 -1977 he had seen two hunters going to the forest and on the next morning he met the appellant at the gate, he was informed by him that in the night certain Bhils had tried to attack him and snatched his gun and went away from there. The learned Sessions Judge placed reliance on the prosecution evidence. He, however, was of the opinion that it was not a case of murder and, therefore, convicted the appellant of the offence under Section 304(2), Part -II, IPC and passed the sentence, as stated earlier.

(3.) THE counsel for the appellant strenously contended that there is no convincing evidence to establish the guilt of the appellant. The three eye witnesses Dola, Bhera and Chanda were habitual thieves and used to cut forest wood and were therefore annoyed with the appellant and have therefore falsely stated against him. According to the learned Counsel for the appellant, the very fact of the gun being produced by Jodha shows that the appellant was not having the gun with him.