NARENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant Criminal Appeal filed under Section 374 Criminal Procedure Code, accused appellant Narendra Singh has challenged his conviction and sentence recorded by the learned Addl. Sessions Judge (FT), Jodhpur in Sessions Case No. 104/2002 vide his judgment dated 27.11.2002 on the following counts: <FRM>JUDGEMENT_195_LAWS(RAJ)10_2009_1.html</FRM>

(2.) Facts leading to this appeal are that one F.I.R. was lodged on 28.4.2002 by Gajendra Singh at Police Station, Pipar City, wherein he stated that his brother's marriage was to be solemnized on 30.4.2002, therefore, his family members and relatives assembled and were standing in the chowk. At about 10.50 PM, accused Narendra Singh suddenly came out from his house with gun and shouted that he will not leave anybody and accordingly fired the gun with the result Pradeep Singh received the gun shot injury and fell down. He was taken to the hospital, where he died. According to the F.I.R., the incident took place with regard to dispute about right of way. The police registered a case under Section 302 Indian Penal Code. and after investigation, accused appellant Narendra Singh was charge-sheeted under Sections 450, 302, 307 and 3/25 Arms Act. Learned ACJM committed the case to the Court of Sessions at Jodhpur, who transferred the same before the learned Addl. Sessions Judge, F.T., Jodhpur. After hearing the arguments on charge, the learned trial Judge discharged the accused appellant under Section 307 Indian Penal Code. but framed charges under Sections 450, 302 and 3/25 Arms Act to which he pleaded not guilty. The prosecution examined 15 witnesses. The statement of the accused was recorded under Section 313 Criminal Procedure Code He also appeared himself as a defence witness being DW-1. After hearing the arguments on charge, the learned trial Judge convicted and sentenced the accused appellant as above.

(3.) We have heard learned counsel for the appellant as well as the learned Public Prosecutor and Mr. K.S. Rathore appearing for the complainant and also re-appreciated the evidence on record.