STATE OF RAJASTHAN Vs. TARA SINGH

JUDGEMENT

(1.) His appeal has been preferred by leave under sub-section (1) rule with sub-section (3) of Sec. 378, Code Criminal Procedure against the judgment and order of acquittal dated 8.2.1980 passed by the learned Sessions Judge, Sri Ganganagar in Sessions Case No. 83/78 thereby acquitting the accused-respondent of offence punishable under section 307, IPC.

(2.) Briefly stated, the prosecution story, as a result of investigation, brought out is that PW 8 Om Prakash is resident of village 8 LNP and he also carries on business at Sri Ganganagar. On 26.7.1978, while PW 7 Ram Narayan was also present at his shop situated in Dhanmandi, Sri Ganganagar, both of them decided to go to the 'Dhani' of Om Prakash in his village. They started from Sri Ganganagar at 10 p.m. At about 10.30 p.m. when they were riding motor-cycle of Om Prakash, being driven by Om Prakash, on reaching the place of occurrence, which is situated in between the fields of the accused, since, due to rains, there was water and mud and, as a result, the motor-cycle slipped towards the field of the accused. Om Prakash tried to park the motor-cycle on its leg-stand and while he was under the process of doing so, the accused who was living in the 'Dhani' situated in the same chak, came there armed with 12 bore D.B.B.L. gun and he immediately fired from his gun towards Om Prakash. Since Om Prakash was in his bending condition, while holding motor-cycle, shot of the gun fired by the accused hit Om Prakash on his back side. As a result, he was hurt. Om Prakash accompanied by Ram Narayan, leaving in motor-cycle on the spot, ran towards the railway crossing gate situated nearby. After covering a little chgtance from there, before the accused could fire again, Om prakash asked Ram Narayan to arrange for some transportation to be taken him to hospital at Sri Ganganagar. Ram Narayan approached PW 2 Mani Ram who arranged a jeep and he took Om Prakash as well as Ram Narayan to the Government Hospital, Sri Ganganagar whereat Om Prakash was admitted to the hospital. His injuries were attended to and examined by PW 6 Dr. R.K. Gupta, Medical Jurist vide Ex. P/1 MLR. He found two injuries on the person of Om Prakash out of which one injury, being an abrasion, was reported to have been received by being struck against the iron-rod of a tractor by Om Prakash. Meanwhile, the police of Police Station, Sadar, Sri Ganganagar was informed about it. PW 4 Shiv Narayan, ASI was despatched to the Hospital. He examined Om prakash at the Hospital whereat he was so admitted and recorded his 'Parcha Bayan' Ex. P/8 and, accordingly, on the basis of Ex. P/8 'Parcha Bayan' PW 9 Harnam Singh, SHO, P.S., Sadar, Sri Ganganagar registered Ex. P/12 FIR and started investigation. He went to the place of occurrence in the next morning and, after site inspection, prepared Ex. P/4 site-plan and Ex. P/4-A memorandum of site. It clearly shows that the place of occurrence is situated in Kila No. 11 of Murabba in the possession and cultivation of accused Tara Singh himself. He also recovered empty case of cartridge discharged from 12 bore D.B.B.L. gun vide Ex. P/5 from the site. He also collected wads of a cartridge vide Ex. P/6. Motor-cycle No. RSK 6451 was also seized from the place of occurrence vide Ex. P/7. The injuries of Om Prakash were x-rayed and, accordingly, since some foreign body (metallic pellets) were seen in the wound found on the body of Om Prakash, the injuries so received by Om Prakash were opined to have been caused by a gun-shot.

(3.) The accused was arrested and, pursuant to his information, a 12 bore D.B.B.L. gun as well as five cartridges were recovered from his possession. The empty cartridge as well as the cartridges, pellets, wads as well as the gun so seized were forwarded to the R.S.F.S.L., Jaipur and, after its examination, the gun was found to be serviceable. Besides, the empty cartridge case so alleged to have been recovered was also opined to have been fired from the gun and it was further opined that the pellets as well as the wads are normally used in 12 bore cartridges.