BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two appeals-one by the convicts against their conviction and the other by the State against the acquittal-are directed against one and the same judgment of the learned Additional Sessions Judge, Hanumangarh dated August 31, 1976, they were heard together and are disposed of by a common judgment. By the impugned judgment, accused Bhera and Bhagirath were convicted under section 302/34, I. P. C. and each was sentenced to imprisonment for life. Accused Bhagirath was further convicted under section 323. I. P. C. and sentenced to one year's rigorous imprisonment. Accused Bhera Ram was, however, acquitted of the offences under sections 25 and 27 of the Arms Act. The accused have come-up in appeal and challenge their conviction while the State challenges the acquittal of accused Bhera Ram from the offences punishable under sections 25 and 27 of the Arms Act.

(2.) THE incident is alleged to have taken place at Sun-rise time on February 15,1974 in the Dhani of Aaduram Jat situate in Rohi of village Lal Garhiya P. S. Suratgarh district Sriganganagar, in which two persons lost their life-one being Aaduram of the complainant party and the other being Jeewan Ram of the accused's party.

(3.) BEFORE dealing with the respective contentions raised before us,it would be proper to look into the findings recorded by the trial Court. They are:- (1) the three miscreants Bhera, Bhagirath (appellants) and the deceased Jeewan went together to the Dhani of Aaduram at Sun-rise time on February 15, 1974; (2) the deceased Jeewan had a gun; (3) accused Bhera and Bhagirath had no guns; (4) One of the guns found on the spot, in the barrel of which was found the cartridge, was of the deceased Aaduram. Aaduram fired this gun at Jeewan, but the shot did not hit; (5) it was Jeewan who, then, fired his gun at Aaduram and killed him thereby; (6) accused Bhera and Bhagirath (appellants before us) inflicted injuries to PW 1 Kesra and PW 2 Manaram with lathis causing simple injuries; (7) PW 1 Kesra and PW 2 Manaram also took up lathis and struck multiple severe blows to Jeewan as a result of which he scummed away instantaneously on the spot; (8) there was deep-rooted enmity between the deceased Aadu Ram the appellant Bhera; and (9) the murder of Aaduram was committed by Jeewan in furtherance of the common intention of all the three, viz. , Jeewan and the two appellants.