ANIL KUAMR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Anil Kumar was convicted for offence under Sec. 302 IPC and sentenced to life imprisonment with a fine of Rs. 1,000/- by Additional Sessions Judge No. 1 Sriganganagar camp at Srikaranpur. He was further convicted for offences under Secs. 25 and 27 of Arms Act and sentenced to six months S.I. and a fine of Rs. 100/- under each section. He has preferred appeal to this Court.

(2.) We have heard the leanred counsel for the appellant as well as learned Public Prosecutor on behalf of the State.

(3.) The facts of the case as alleged by the prosecution are that Rajaram deceased was the uncle of the accused appellant. Accused appellant was living with his maternal grand father in village Binjvayla. Rajaram was indebted to appellant and was to pay Rs. 5,000/- to him. He promised to pay. On 16.10.92, appellant Anil Kumar came in Jeep No RRC-5900 to village 81 LNP. He was accompanied by Jeep driver Prakash and a friend Chhoturam. They went to the house o f Rajaram and enquired about welfare o f family. It is further alleged that accused appellant went with the driver and his friend for some time and came back. He thereafter asked Rajaram to accompany him to village Nerbana as some amount was to be realised by the appellant from barbers o f the village. Then the accused appellant took Rajaram to chak 81 LNP. The Jeep was stopped and accused appellant asked Rajaram to accompany him to see the field. He asked Prakash driver to take turn and bring the jeep. It was at about 3.00 p.m. It is further alleged that then Anil Kumar brought out his pistol and fired on Rajaram and killed him. Then he put the pistol on the body of Prakash driver and asked him to drive the jeep. When they reached near the house of Manjeet Singh, Prakash driver jumped from the jeep and ran away. Similarly, Chhoturam who was sitting in the rear side of the jeep also jumped and ran towards the jungle. Then the accused appellant himself drove the jeep to a distance of near about 50 bighas but the jeep could not go ahead as the same stuck in sand. Then the accused appellant left the jeep there and ran away. The driver of the jeep i.e. Prakash went to Maniram and narrated the story to him. Maniram in turn told the story to Bhadarram, brother of deceased Rajaram. Bhadarram reported the matter to the police at about 4.00 p.m. A case under Sec. 302 IPC and 27 of Arms Act was registered. After usual investigation, challan was filed and the accused appellant was tried by the learned Sessions Judge and convicted as stated above.