RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ramkumar appellant has preferred this appeal against his conviction and the sentences passed under section 302, Penal Code and S. 27 of the Indian Arms Act, by the Sessions Judge, Jaipur District, Jaipur. He has been sentenced to imprisonment for life and a fine of Rs. 1.000.00, and in default of payment of fine, to further undergo 3 months' rigorous imprisonment for offence under section 02, IPC; and to 1 year's rigorous imprisonment and a fine of Rs. 50.00. and in default of payment of fine, to further undergo 1 month's rigorous imprisonment, for offence under section 27 of the Indian Arms Act. Both the sentence of imprisonment, have, however, been ordered by the learned Sessions Judge, to run concurrently.

(2.) One Dalu lodged a written-report at PS Viratnagar, on 6th Mar., '84, at about 11.45 AM; to the effect that on 5th Mar., '84, in the evening, at Tan Chhitoli Manna (deceased) who was his real brother, and living with the accused-appellant who was his 'Saala' (brother-in-law), with his family, for the last 5-6 months, in village Kishanpura, and was working as Chowkidar' (watchman), was murdered by the accused-appellant by gun-shot, due to some quarrel on the point of hunting, and that, his dead body was lying at the field on one Narain Dhabai, and on that morning, Nanda, Umrao and Moharpal Gujar were called and they had seen the dead body of Manna (deceased). It was also mentioned in the said report that the accused-appellant had confessed his mistake in presence of those persons and other villagers, who asked him to lodge the report.

(3.) On the basis of this report, a case under section 302, IPC, was registered. The accused was arrested, and on his information and at his instance, one gun was recovered. The dead body of Manna was sent for post-mortem examination, and the report of the said examination was submitted by Dr. Omprakash, who conducted the post-mortem on the dead body, which is Ex. P. 4, According to the said doctor, the cause of the death was due to excessive blood-loss as a result of the injury to anch of aorta. During the examination of the dead body, the doctor recovered therefrom one metallic piece, which was scaled by the doctor and sent to chemical examiner tor analysis. The recovered articles were also sent to forensic science laboratory for examination, and the reports in this regard, are Exs P. 18 & 19.