BHAGIRATH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant Bhagirath stands convicted and sentenced as below by judgment dtd. 23/11/2011 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Hanumangarh in Sessions Case No. 29/2010: <IMG>JUDGEMENT_81_LAWS(RAJ)12_2018_1.jpg</IMG>

(2.) Being aggrieved of his conviction and sentence, the appellant has preferred the instant appeal under Sec. 374(2) Cr.P.C., 1973

(3.) Facts in brief are that the complainant Smt. Sharda (Wife of Bhoopram) lodged a written report (Ex.P/13) to Jaiprakash ASI of Police Station Goluwala at the village Hardayalpura at about 07.15 am. alleging inter alia that on the previous evening i.e. on 21/6/2010 at about 8 o 'clock', her father-in-law Bhagirath, the appellant herein, who lived in a separate kotha, came home in his usual drunken state. He started abusing the first informant and her husband saying that he would sell the remaining land. The first informant and her husband tried to talk sense into the accused saying that they should be permitted to bring up their children from the fruits of the remaining land on which, the accused threatened them that if he was prevented from selling the land, he would kill the first informant and her husband. She alleged that in the morning, she and her husband Bhoopram, had started for the Gaushala in the village for looking after the cattle. Her father-in-law Bhagirath came out holding his licenced 12 bore gun and exhorted Bhoopram that he had no business to interfere in the sale of the land and that he would not be left alive. Saying so, Bhagirath fired a gunshot towards Bhoopram with his gun. On hearing the gunshot, she raised a hue and cry whereupon, her mother-in-law Guddi Devi, Dilip son of Prithvi Ram and various other persons of the neighbourhood assimilated there. Her husband fell down on the main door of Dhannaram's house because of the gunshot wound. The gathered crowd threatened the accused on which, he fled away with the gun. They checked and found that Bhoopram had passed away. She alleged that her father-in-law had killed her husband Bhoopram by firing a gunshot owing to the enmity over the attempted sale of family land. On the basis of this report, an FIR No. 159/2010 was registered at the Police Station Goluwala for the offences under Ss. 302, 341 IPC and Sec. 25 and 27 of the Arms Act and investigation commenced. The deadbody of Bhoopram was subjected to postmortem. The accused appellant was arrested. The licensed 12 bore gun allegedly used for committing the offence was recovered at his instance. The I.O. carried out site inspection and prepared the site inspection memo and site plan (Ex.P/8 and Ex.P/8A) and the recovery memo (Ex.P/9). Three live cartridges were seized from inside the chowk of Dhannaram's house. The Panchayatnama Lash was prepared (Ex.P/7) as per which, the deadbody of Shri Bhoopram was found lying in the house of Dhannaram son of Hemaram Jat. Pellet marks were seen on a window in the house. The Gaushala is located opposite to the house of Dhannaram. After investigation, a charge-sheet was filed against the appellant in the court of concerned Magistrate for the offences mentioned above and the offence under Sec. 27 of the Arms Act. Since the offences were exclusively triable by the Court of Sessions, the case was committed to the Sessions Court, Hanumangarh from where, the same was transferred for trial to the Additional Sessions Judge (Fast Track) No. 1, Hanumangarh.