MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused Mahendra Singh s/o. Gurbachan Singh has preferred this appeal to challenge the judgment and order of the trial Court dated 12-11-2002 passed in Sessions Case No. 74/2002, whereby the appellant has been convicted under Section 302, I. P. C. and has been sentenced to undergo life imprisonment and to pay Rs. 1,000/- as fine and in default of payment of fine, to further undergo one year's additional simple imprisonment and the appellant has been convicted under Section 307, I. P. C. and has been sentenced to seven years' rigorous imprisonment with fine of Rs. 500/- and in default thereof, to undergo six months' simple imprisonment.

(2.) AS per the prosecution case, on 12-11-1999 F. I. R. No. 282/99 was registered at Police Station Sadulshahar for the offences under Sections 302 and 307, I. P. C. on the written report submitted by one gurcharan Singh s/o. Babu Singh, Head cashier, Punjab National Bank, Sadulshahar Branch. In the said written report, it was stated that D. K. Mahendru was the officer and Ashok Gadhwal was the cashier in the Punjab National Bank at Sadulshahar. The accused-appellant Mahendra Singh was the security guard. A 12 bore double gun and 12 cartridges were issued to Mahendra singh for the security of the Bank. Today at about 12. 40 p. m. , the complainant gurcharan Singh was doing the work on his seat. The Bank Manager had gone to tehsil officer. Shri D. K. Mahendru and Shri Ashok gadhwal were also on their seats. The accused-appellant Mahendra Singh, Guard was standing on the gate of the Bank with the gun. Suddenly Mahendra Singh fired a shot of the gun on the customer Surjeet singh. Hearing the sound of fire, all the employees of the Bank became perturbed. In the meanwhile, Mahendra Singh entered in the Bank and after reaching near the seat of Mahendru, fired a shot upon him crying that you put an allegation of theft upon me again and again. When Ashok Gadhwal reached near Mahendru for his rescue, mahendra Singh fired a shot upon him also saying that he is also spoon of Mahendru. According to the complainant, he ran away from the site and entered into the inner room and closed himself inside the room. Mahendra Singh gave shout to him in loud voice that where as Gurcharan Singh had died and I will see you also. At this juncture, the police reached at the spot. In the incident, D. K. Mahendru and Ashok gadhwal died on the spot and the complainant was rescued from there.

(3.) THE accused-appellant was arrested by the police on the same day immediately after the alleged incident which took place in the Bank on 12-11-1999. The police after investigation, filed challan against the appellant in the Court of Judicial Magistrate, sadulshahar, who committed the case to the court of Sessions Judge, Sriganganagar and subsequently, the case was transferred to the Court of Addl. Sessions Judge (Fast track), Sringanganagar. The charges were framed against the appellant for the offences under Sections 302 and 307, I. P. C. The prosecution examined 11 witnesses and after examination of the accused-appellant under Section 313, Cr. P. C. , three defence witnesses were examined in the trial Court. The trial Court after hearing the arguments, held the appellant guilty for committing offences under Sections 302 and 307, I. P. C. and awarded the sentences referred above. Hence this appeal by the accused appellant to challenge the conviction and sentence.