SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A Jail Appeal under Sec. 378 Crimial P.C. filed by accused-appellant Shankar against the judgment dated 26.7.2003 passed by the Sessions Judge, Udaipur in Sessions Case No. 301/2001 whereby the accused-appellant was convicted under Sec. 302 I.RC. and Sec. 27 of the Arms Act and was sentenced to undergo life imprisonment and to pay a fine of Rs. 5000.00; in default of payment of fine to further undergo 1 month imprisonment under Sec. 302 I.P.C. and for offence under Sec. 27 of the Arms Act, he was sentenced to undergo 3 years rigorous imprisonment and to pay fine of Rs. 2000.00; in default of payment of fine to further undergo 6 months imprisonment.

(2.) Briefly, the prosecution story as narrated in the FIR that on 18.8.2001 at about 11.30 p.m. injured Nana gave an oral statement to Govind Singh, ASI while under treatment in Udaipur Hospital that on 18.8.2001 at about 6-7 p.m., he along with Kalu were going for bath on the river, when they reached before the house of Shankar, who was standing outside of his house, Shankar addressed in sarcastic way by referring him as Tatia (bald headed) and asked them to stop by saying that he will see them. He went inside the house and brought a muzzle loading gun and fired from the said gun, which hit Kalu on the chest and on the wrist of his left hand. Kalu fell down immediately due to the said injury. The incident was witnessed by Nana s/o Uda Ji Rawat and Lala. He became unconscious and was taken by his father, Roda, Limba, Ram Singh and was admitted in hospital for treatment. The accused Shankar was having enmity because of outstanding amount of labour charges, but the said dispute was settled by intervention of the villagers. On this report, a case under Sections 302 and 307 I.P.C. and 3/25 of the Arms Act was registered. After due investigation, challan under Sec. 302 and 307 I.RC. against accused Shankar and under Sec. 29 of the Arms Act against accused Vagta were filed.

(3.) The accused Shankar and Vagta denied the charges levelled against them and pleaded for trial. The prosecution in all produced 16 witnesses and documents Exhibit-P/1 to Exhibit-P/34 were got exhibited. No evidence was produced in defence. The learned trial court after going through the entire evidence oral as well as documentary, convicted and sentenced accused Shankar for the aforesaid offences and convicted Vagta for charges levelled against him under Sec. 29 of the Arms Act.