JOTRAM AND HARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge No. 1, Hanumangarh dt. 18-10-77 whereby he convicted appellant Harlal under Sections 302 and 307/34, IPC and 27 of the Indian Arms Act and Jot Ram (since dead) under Sections 307 and 302/34, IPC and under Ss. 25 and 27 of the Indian Arms Act. Harlal was sentenced as follows :-

(2.) The prosecution case can be summed up as follows : There is an agricultural land of Dashrath, first informant in village Rajpuriya. To the western side of this land there is 'Murabba' No. 40 divided in 25 'Killas'. Accused cultivated some 'Killas' of this 'Murabba'. Land of 'Killas' Nos. 14, 17, 16 and 25 was the bone of contention. In the F.I.R. Ex. P-3 lodged on 17-6-75 at 9.10 a.m. at Police Station Nohar, it was stated that Dashrath had purchased four 'Killas' i.e. 14, 16, 17 and 25 of 'Murabba' No. 40 from one Sannu Ram but Bheriya, Jotram and Harlal sons of Basti Jat were litigating for this land. On 17-6-75 Dashrath along with his younger brothers Gangaram and Bhagirath, brother-in-law Umrao Singh, and nephew-in-law Dalip Singh went to his field to plough the land. At about 8 a.m. Gangaram and Dalip Singh proceeded to the village through the disputed 4 'Killas' land to fetch water. Jotram and Harlal accused, having guns in their hands, came out of the hut, hurled abuses and fired shots hitting Dalip Singh and Gangaram and then they ran away. It was further stated in the F.I.R. that Dalip Singh and Gangaram were taken in a Jeep for treatment but Dalip Singh succumbed to the injuries suffered by him in his chest while on way and Gangaram was hospitalised. On this report, a case under Sections 302 and 307, IPC was registered. The police held the inquest, inspected the site and interrogated the witnesses. Accused were arrested and on their informations guns were recovered. The autopsy on the person of Dalip Singh was held by Dr. J. P. Swami (PW 7). He also examined the injuries of Gagaram. After the completion of the investigation a challan was filed.

(3.) Accused Jotram was charged with offences under Sections 307, 302/34, IPC and 25 and 27 of the Indian Arms Act and accused Harlal was charged with offences under Sections 302 and 307/34, IPC and Section 29 of the Indian Arms Act. They pleaded not guilty. The prosecution examined 9 witnesses to prove the charges. Accused in their statements recorded under Section 313, Cr. P. C., denied accusation. They did not examine any person in defence. The case set up by accused Harlal in his statement is that he was in the possession of land 'Killas' Nos. 14, 16, 17 and 25 of 'Murabba' No. 40 and that Dashrath, a history-sheeter, wanted to take possession from him forcibly and even proceedings under Section 107, Cr. P. C. were launched by him. He stated that he had sown the crop of 'Moth' and 'Bajra' on the disputed land but Dashrath and his companions, having lathis and guns, went there and started uprooting his crop and when he objected to, Dashrath told him that he would not only uproot the entire crop but would also kill him and thereafter Dalip Singh went in the 'Khala' and opened fire at him and therefore he had to open fire to defend himself. He further stated that Dashrath had also fired a shot but he could not see as to who was hit by that shot. He stated that he immediately went to the police station and produced his gun and a bag containing bullets and requested the S.H.O. to register his report, but it was not done. The defence of accused Jotram was that he was not at the spot. He denied that he gave information leading to the recovery of gun or the bullets.