GANESH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Ganesha Ram and Bhagirath were tried by the court of the Additional Sessions Judge No. 1, Hanumangarh respectively for the offences under Section 302 IPC and sections 25(1) and 27 of the Arms Act and Section 302 read with Section 34 IPC in connection with the murder of Ami Chand son of Harlal of village Talwara Jheel with in the jurisdiction of Police Station Tibi. While Bhagirath was given benefit of doubt by the Additional Sessions Judge No 1, Hanumangarh and acquitted for the offence under Section 302 read with Section 34 IPC, the appellant Ganesharam was held guilty under Section 302 IPC and Section 27 of the Arms Act. Ganesha Ram was sentenced to undergo imprisonment for life under Section 302, IPC and to rigorous imprisonment for a term of one year for the offence under Section 27 of the Arms Act. Both the sentences were to run concurrently.

(2.) THE prosecution case was that on June 25, 1980, Kirshan PW 2 was at his house in village Talwara Jheel. Amichand deceased came to the house of Kirshan PW 2 at about 8 a.m. and told him to accompay him to his village to clear the Khala (water course) in his field. At about 9.30 a. m. Krishan PW 2 and Amichand deceased went to the field in Chak I -GGR. They cleared water course (Khala) to the extent of about 4 foot -steps. Ami Chand then told that it was too hot and they may go to the canal to have a bath. Both of them went to the canal and when they were bathing, Bhagirath and Ganesha Ram appellant came to the canal. It is alleged that Bhagirath had a 'Gandasi' in his hand but Ganesharam was empty handed. Bhagirath inquired from them when they will go back to the village. They replied that they will return to the village just now after having the bath. After taking bath Krishan and Amichand along with Bhagirath and the appellant started from the canal towards their village. They passed near the Jhuggi in the field of Ami Chand deceased and after drinking water they proceeded towards their house in village Talwara Jheel. At about 12 or 12.30 p.m. they reached on the field of Pratap Singh Raisikh - -Bhagirath and Krishan were walking together 7 or 8 steps behind Ami Chand and Ganesha Ram. Ami Chand was walking ahead of all of them followed by Ganesha Ram behind him. At that lime Ganesha Ram took out a 12 bore pistol out of the wrappings of his 'tahmad' and fired a pistol shot aimed at Ami Chand which hit Ami Chand on his back. On receiving pistol shot injury, Ami Chand immediately fell down on the ground Krishan reached near Ami Chand and raised an alarm that Ami Chand had been killed where upon both Bhagirath and appellant took to their heels towards their field. Ami Chand asked Krishan to go to village Talwara Jheel immediately and to inform his uncle Nanak Ram. Krishan went to the village and informed Nanak Ram PW 3 of the incident. Nanak Ram called his neighbour Jesa Ram and then Krishan, Nanak Ram and Jesa Ram with a tractor belonging to Nanak Ram reached the spot. The tractor was left at a distance of one Killa and all these three persons reached the place where the injured Ami Chand was lying. Ami Chand told them that Ganesha Ram appellant had fired a shot to him on account of enmity arising due to the dispute relating to Bara. Krishan brought a cot from the 'Jhuggi' of Ami Chand and the latter was brought to the village Raji Ram father of Krishan and Megha Ram had also arrived on the spot. Then Ami Chand injured was brought to Government Dispensary at Tibi in the jeep of Kalu Ram. There were no other persons near by the field where the incident took place except the injured, Krishan, the appellant and Bhagirath. Nanak Ram PW 3 tied the part of the body of Ami Chand where he had received the wound by Ami Chand's turban.

(3.) ON the basis of the dying declaration given by deceased Amichand, Pala Ram Head Constable recorded the First Information Ex. P. 24 and registered crime No. 12 of 1980. Anop Singh, Officer Incharge of the Police Station Tibi returned to the Police Station at about 6 p.m. on June 25, 1980 and Pala Ram handed over both Ex. Ps 2 and 24 to Anop Singh. Anop Singh went to the hospital and requested the doctor to carry out post mortem examination of the dead body of Ami Chand. As already stated the post mortem examination was conducted on the next day morning. Anop Singh seized the clothes which the deceased was wearing at the time of his death under seizure memo Ex. P. 9. He also prepared inquest report Ex. P 8. He went to the place of the incident and prepared the site plan Ex.P.5 and the memorandum pertaining to the site inspection Ex. P. 5A. He also seized blood smeared and plain sand from the place of the incident under seizure memos Ex. P. 14 and Ex. P. 15. Bhagirath and the appellant were arrested on June 26, 1980. Part of the Investigation was also carried out by Nazir Ahmed PW 2. According to the appellant while he was under arrest gave an information Ex. P. 10 that one 12 bore Deshi Pistol had been hidden wrapped in a white cloth under a Berdi tree in field bearing square No. 113. On the basis of this information and at the instance of the appellant, Nazir Ahmed PW 5 recovered a 12 bore Deshi pistol containing in it an empty cartridge at the instance of the appellant and in the presence of Mani Ram and Surjaram Motbirs and seized the same under the seizure memo Ex. P. 6. A site plan Ex P. 7 was also prepared of the place from where the recovery of the pistol along with empty cartridge within it were made. The seized articles were sent to the State Forensic Science Laboratory, under letter dated July 17, 1980 for examination. The Assistant Director Ballistic Dr. P S. Moncha gave a report Ex. P. 19 about the pistol and its capability to fire, the 12 bore empty cartridge seized and with regard to the six lead buck shots. After necessary investigation, the Police filed a charge -sheet against the appellant and Bhagirath and after trial the Additional Sessions Judge No. 1 Hanumangarh acquitted Bhagirath, but convicted the appellant and sentenced him as aforesaid. Ganesha Ram convict has preferred this appeal before this Court against his conviction and sentence.