SHANKER Vs. STATE OF RAJATHAN

JUDGEMENT

(1.) The present criminal appeal has been preferred by the accused-appellant against the judgment and order of conviction dt. 21/1/2011 passed by the learned Additional Sessions Judge (Fast Track), Dungarpur Camp Sagwara, District Dungapur in Sessions Case No. 06/2010 whereby the accused-appellant has been convicted and sentenced as under :- <FRM>JUDGEMENT_305_LAWS(RAJ)2_2019.html</FRM>

(2.) The prosecution story emanates from the written report (Ex.P/1) filed by Lakhma (P.W. 1) before the Police Station Chitari, District Dungarpur wherein it was stated that on 28/10/2009 at around 5 O'clock in the evening, Hakra and his brother-in-law Shanker came to his house to enquire about his well being. Shanker was carrying a muzzle loading gun with him. Both of them were talking in a high tone. They sat on the cot in his house. He served water to them. They asked about his well being and smoked Hukka. While sitting in the courtyard on a cot, Shanker and Hakra were discussing about seeds of chickpeas. When he went to fetch a tumbler (jug) of water, Hakra got up from the cot for leaving the place. Shanker stopped him and fired the gunshot at Hakra. The pellets hit on the abdomen of Hakra exposing his internal organs with profuse bleeding. Hakra died on the spot. Shanker fled from the place of incident along with the gun. The incident was witnessed by his daughter Kamla. After the incident, when he raised alarm then, Badri, Ganesh and Raman came at the place of incident. They saw Shanker running away from the spot. They followed Shanker and nabbed him. The dead body of Hakra was lying at the place of incident. The wife of Hakra, namely, Shanta was informed, who came at the place of incident and stated that at around 3.00 P.M., her brother Shanker came to their house along with gun and asked for the seeds of chickpeas. She refused to give the same then, both Shanker and Hakra left the place saying that they were going to the house of Lakhma. Shanker fired and killed Hakra in a fit of rage.

(3.) On this report, a formal F.I.R. No. 208/2009 was registered at Police Station Chitari, District Dungarpur for the offence under Sec. 302 of I.P.C. against the accused-appellant. During the course of investigation, the police arrested the accused-appellant on 29/10/2009 and as the fired muzzle loading gun was recovered from the accused, Sec. 27 of the Arms Act was added in the matter.