STATE OF RAJASTHAN Vs. BRIJLAL

JUDGEMENT

(1.) By the instant appeal filed under Section 378 of the Code of Criminal Procedure by the State against the judgment and order of the learned Sessions Judge, Sri Ganganagar dated 22-1-1985 in Sessions Case No. 6/84, the acquittal of accused respondent Brijlal for the charges levelled against him tinder Ss. 302, 302/34 and 307/ 34, IPC as also u/Ss. 25 and 27 of the Arms Act, has been challenged.

(2.) Facts leading to this appeal are that one FIR, Ex. P.1 was filed on 1-10-83 at Police Station, Chuhawadh, Distt. Sri Ganganagar by Mohan Ram, PW1 that Mohanlal. PW 15 and accused-respondent Brijlal were Gauge Readers in the Irrigation Department and were residing at the Govt. quarters adjacent to Suleman Ki Head. It is alleged in the FIR that the accused-respondent Brijlal was in the habit of consuming liquor and used to abuse off and on to Mohanlal, PW 15, who was residing with his family. It is also alleged that many persons used to visit at accused Brijal's house, one of whom was Kashi Ram. They often used filthy language against Mohanlal, PW 15. Despite persuasion, there was no change in the habit of accused Brijlal. Mohanlal, PW 15 called the 'Panchayat' but despite persuasion of the panchayat members, there was no change in the conduct of the accused respondent Brijlal. A complaint was also filed by Mohanlal, PW 15 on 18-8- 83 before the Assistant Engineer of the Department. Thereupon, accused Brijlal started giving threats to Mohanlal. Ultimately, Mohanlal had to quit the Govt, quarter and he started residing with Mohan Ram Naik, PW 1 at 25 ML.

(3.) The story of the prosecution is that on 30-9-83 at about 9 p.m. when Mohanlal, P.W. 15 was sitting with his wife and children in the house of Mohan Ram Naik, P.W. 1, accused Brijlal and Kashi Ram came there and gave abuses to the complainant Mohan Ram Naik, P.W. 1, who was also sitting outside his house and asked him to call out Mohanlal, P.W. 15 from the house, as they wanted to kill him. Upon this, the complainant Mohan Ram Naik, P.W. 1 requested the accused-respondent Brijlal and Kashi Ram not to kill Mohanlal, P.W. 15 in his house and they can achieve their object at some other place. He also requested the accused to leave his house but they started abusing loudly. Both the accused Brijlal and Kashi Ram were having pistols in their hands. Upon seeing the conduct of the accused Brijlal and Kashi Ram, Mohanlal got himself hidden in the flour mill of Milkha Singh. After leaving the house by Mohanlal P.W. 15, Mohan Ram Naik P.W. 1 gave a call to the neighbours, whereupon Badri, Basant Singh, Nihal Singh, Nathu Singh, Milkha Singh and Mani Ram Naik came there and asked the accused to go away from that place but instead of leaving, they insisted to kill Mohanlal, P.W. 15. Thereafter, the accused Brijlal and Kashi Ram went in front of the house of Sultan Bhat on the strip of the Canal and continued to abuse Mohanlal, P.W. 15. Complainant Mohan Ram, P.W. 1 and the neighbours went to the accused Brijlal and Kashi Ram and again requested not to hurl abuses but in vain. It is alleged that at the instance of Kashi Ram, accused-respondent Brijlal fired towards the people, who came to rescue, with his pistol, whereby Omprakash and Sultan Bhat were hit and Mst. Munni Devi, Labh Singh and Seriya were injured. Munni Devi and Omprakash died on the spot, whereas Sultan became unconscious and was taken to the hospital, where he died on 1-10-1983. After firing. Overseer Ranveer Singh reached on the spot and Mohan Ram, RW. 1 came to Ganganagar and informed about the incident to the SDO, Irrigation Shri Ghanshyam Singh and Executive Engineer, Irrigation Shri Gurdayal Singh, who asked him to lodge the FIR at the Police Station, Chunawadh.