MUKHTIAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge Sri Ganganagar dated 22 -9 -1976 whereby the learned Sessions Judge has convicted the accused appellant under Sections 302 IPC and 27 of the Arms Act and sentenced him to imprisonment for life and three years rigorous imprisonment respectively. Both the sentences were directed to run concurrently.

(2.) THE facts giving rise to this case are that the accused appellant Mukhtiar Singh fired a gun shot at Dayal singh and caused his death on 24 -12 -1974 in village Butra in front of the house of Gurditia singh PW 1. A First Information Report of this incident was riled by Gurditia Singh PW 1 at 2 p.m. at police station Ghamur wali. It is alleged that when he came to his house from his field he saw Hakam singh standing in the main door of his house with a gun and saw that a dead body was lying in front of his house behind Kakam singh. The dead body was bleeding from the chest and abdomen. He asked Hakam singh as to what happened to Dayal singh. Hakam singh informed him that perhaps some body has murdered Dayal singh deceased by gun shot injury. After saying this Hakam singh ran away towards the house of Inder singh. Thereafter he went to the house of Megharam Panch and brought him to the scene of occurrence and after that both of them went to the police station Ghamurwali and filed the First Information Report. The police reached at the scene of occurrence, prepared the site plan and took up the dead body and sent the same for post mortem. Blood stained earth and clothes were seized. One empty cartridge, one pellet and three wads were also seized at the scene of occurrence. The police thereafter took up the other necessary investigation and filed the challan against the accused persons Mukhtiar Singh, Kartarsingh and Nathasingh under Section 302 read with Section 34 IPC and under Section 27 of the Arms Act against accused Mukhtiar singh. During the course of investigation, the police arrested accused Mukhtiar singh, Nathasingh and kartarsingh. At the time of arrest accused Mukhtiar singh produced a gun and he got recovered two empty cartridges of 12 bore gun from his house from a room facing east. Accused Kartar singh gave information which led to the recovery of two lathies and accused Nathasingh gave information which led to the recovery of one gandasi. These articles were sent to the ballistic expert. As the fire pin of the gun was missing therefore he was unable to give any opinion whether the empty cartidges were fired from this gun or not. Thereafter, the case was committed to the court of Sessions for trial.

(3.) WE have heard learned counsel for the appellant and the learned Public Prosecutor and have also perused the record.