STATE OF RAJ. Vs. BHAGIRATH

JUDGEMENT

(1.) This appeal by leave has been preferred by the State under sub-section (3) read with sub-section (1) of Sec. 378, Crimial P.C. against the judgment and order dated 29.8.79 passed by the learned Sessions Judge, Sri Ganganagar in Session s Cas e No. 54/79 thereby acquitting the accused- respondent of offence punishable under Sec. 307,1.P.C.

(2.) Briefly stated, the prosecution story giving rise to the present appeal, is that the alleged incident took place on 12.4.79 at about 9.30 A.M., as alleged, in the premises of the Primary School of Dhani Dhakonwali. PW. 3 Jaswant Singh, who is President of the same village, was brought by PW. 5 Om Prakash in an injured condition to the Government Hospital, Sri Ganganagar whereat he was admitted. PW. 8 Dr. R.P Gupta, who attended to him, immediately informed about it to the Officer-in-charge, Police Station, Sadar, Sri Ganganagar. Sobhag Singh, who was then working as Officer-in-charge of the Police Station, received this information and, after recording the same in the daily diary of the Police Station, immediately reached the hospital whereat PW. 3 Jaswant Singh was admitted and he recorded Ex.P 11 Parcha Bayan' of Jaswant Singh. It was alleged by Jaswant Singh that at about 9.15 A.M. he had to take his buffaloes to the village-pond for drinking water and, at the same time, another buffalo of the accused was also there. Both the buffaloes started fighting with each other. PW. 6 Ved Prakash who is brother-in-law (loser) of the accused and, at the time of the occurrence, who was residing with the accused in the same village, gave a lathi blow to the bufallo of Jaswant Singh to which he objected and reprimanded him. Ved Prakash immediately left from there. Meanwhile, Jaswant Singh went to the nearby school and was standing in the verandah of the school. At about 9.30 A.M., the accused being armed with 12 bore S.B.B.L. gun, came there and, standing at about a distance of 15 to 20 ft. from him, he aimed and fired at him a shot from his gun with an intent to kill him. The gun-shot hit on his chest and, as a result, beside his chest left forearm was injured. He fell down. Both the teachers PW. 1 Sohan Pal and PW. 2 Mehar Chand were present there in the school besides the students were also present in their classes. The accused immediately fled away from there. Jaswant Singh immediately went to the house of PW. 5 Om Prakash situated nearby and narrated the incident to Om Prakash who brought him in his jeep to the Government Hospital at Sri Ganganagar whereat he was so admitted for his treatment.

(3.) On the basis of Ex.P 11 Parcha Bayan, Sobhag Singh registered Ex.P 24 F.I.R. under Sec. 307, I.P.C. as well as under Sec. 27 of the Arms Act and entrusted investigation to PW. 9 Shive Narayan Sharma. Meanwhile, PW. 1 Sohan Pai, who was Head Master of the school, along with his assistant teacher PW. 2 Mehar Chand, rushed to the B.D.O., Panchyat Samiti, Sri Ganganagar, and presented Ex.P 1 report to the extent that since an incident of gun firing had taken place between two villagers and there was an atmosphere of violence and, therefore, the school was closed. The B.D.O. contacted the S.P, Sri Ganganagar, who immediately despatched Murlidhar, Sub-Inspector, attached with the office of the S.P, Sri Ganganagar, in absence of PW. 10 Harnam Singh, S.H.O., P.S., Sadar, Sri Ganganagar, to go to the spot for investigation. Murlidhar immediately went to the Sadar Police Station and, accompanied by PW. 9 Shive Narayan Sharma etc., besides, PW.1 Sohan Pal and PW. 2 Mehar Chand, reached the place of occurrence. Shiv Narayan Sharma inspected the site and prepared Ex.P.2 site-plan along with Ex.P 2-A site memo. He observed that an empty cartridge case, one wooden piece of joint of grip of the gun as well as blood stains were found lying there. There were also lying pellets of a cartridge fired from the gun scattered in the verandah as well as a class room. He seized the empty of the cartridge vide Ex.R3, Six pellets of 12 bore cartridge vide Ex.p. 4 and three pellets along with a wad discharged from 12 bore gun vide Ex.R 5 were also seized and taken into possession. The piece of hand grip of the joint of the gun was also seized vide Ex.R 6. Blood stained as well as control soil were taken into possession from out side the verandah vide Ex.P.8 and Ex.P. 9 separately, from two places. Mehar Chand who was alleged to have lifted Jaswant Singh lying in an injured condition, produced his bushirt alleged to have been stained with blood oozing out from the wound of Jaswant Singh, was also seized vide Ex.R 7. All these proceedings were conducted in presence of PW. 1 Sohan Pal and PW. 2 Mehar Chand.