RAM PRATAP Vs. STATE

JUDGEMENT

(1.) The appellant has been convicted of the offence under Sec. 307, Penal Code and has been sentenced to seven years rigorous imprisonment and to pay a fine of Rs. 100.00, in default of payment of fine to undergo one month's rigorous imprisonment. He has also been convicted under Sec. 27, Arms Act and has been sentenced to one years rigorous imprisonment and to pay a fine of Rs. 100.00, in default of payment of fine to further undergo one months rigorous imprisonment. Both the substantive sentences ware ordered to run concurrently.

(2.) The occurrence in this case took place on a very trivial matter. The young buffalo of the deceased Balram started eating 'Dana' in the 'Than' of the accused Ram Pratap. Ram Pratap noticed it on 29-10-83 at about 7.00-7-30 p.m. when he returned from his field. The accused objected to it to the servant of Balram namely: Nathuram and slapped him telling him as to why he did not tie the young buffallo. Nathuram started weeping and went inside the house and narrated Balram about the incident. Thereafter Balram came out from the house on the "chabutri" Hot words were exchanged between the two brothers. Thereafter, according to the prosecution, Ram Pratap went inside the house and came back armed with a gun and fired a shot, which hit Balram on the face and the chest as a result of which he fell down. Balrams statement was recorded at Chak-3 ML by the Station House Officer, Police Station. Sri Ganganagar. On which, a case under Sec 307, Penal Code was registered. The spot investigation and other investigation was conducted. Injuries on the person of Balram were examined by the Medical Officer, Government Hospital, Sri Ganganagar. After completion of the investigation, charge-sheet was presented against the accused and the accused was ultimately tried by the learned Sessions Judge.

(3.) At the trial, the prosecution examined as many as 15 witnesses, Hemanshu Mishra was examined as a court witness. Thereafter, the statement of the accused was recorded, in which he came out with the story that when slapping was reported by Nathuram, Balram came out of the house. The young buffalo also went near the platform of Balram's house. Balram came angrily on the chabutra and told him as to why he slapped Nathiya and asked to fire his mother (young Katti). In anger he fired at the young buffalo but accidentally, the pellets hit Balram. He had no enmity with Balram. Their relations were affectionate.