MANI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge No. 2, Hanumangarh, Camp Suratgarh, dated 11-6-1987 whereby the learned lower court has held the accused appellant Maniram guilty of the offence under sections 307 & 458 IPC and section 27 Arms Act and has sentenced him to 6 years rigorous imprisonment together with a fine of Rs. 500/- and in default to undergo two months rigorous impri-sonment for the offence under section 307 IPC, to undergo 4 years' rigorous imprisonment together with a fine of Rs. 500/- and in default to undergo two months* rigorous imprisonment for the offence under section 458 IPC and to undergo two years' rigorous imprisonment together with a fine of Rs. 200/- and in default to undergo one month's rigorous imprisonment, for the offence under section 27 Arms Act. The substantive sentences were ordered to run concurrently.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are that one Chananram and his brother Krishanlal owed a tractor and their tractor was hired by accused Maniram. THEy worked at his field for about 6 to 7 days. On the night intervening between 20th and 21st June, 1984, Chananram and Krishanlal received information from their village that their presence is required there and, therefore, they wanted to settle their account with Maniram. It is alleged that Krishanlal went to settle the account with Maniram at about 11 in the night. It is further alleged that he was given a slap by Maniram and his account was not settled Krishanlal came and reported this matter to his brother Chananram whereupon. Chananram and his brother-in-law (gainer) Banwarilal went to the house of Maniram and asked him not only to settle the account but called his explanation as to why he gave a slap to Krishan Lal. Maniram refused to settle the account and went inside his house. It appears that sensing trouble Banwarilal and Chananram ran away from that place and went to house of Begaram. Latter, it is alleged that Maniram came to the house of Begaram at about 12 or 12. 15 in the night and asked where Chananram is? On this Chananram who was sleeping there woke up and fold that he is there. It is alleged that at that point of time. Maniram fired from his pistol at Chananram by which, he received injuries. THE matter was reported to the Police by the injured himself at about 8. 15 A. M. on 21-6-1984.

(3.) I have given my most earnest consideration to the rival submissions made at the bar.