RAMNARAIN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Ramnarain and Shri Ram against their convictions under sec. 302 read with sec. 34 I. P. C. and sentence of death and a fine of Rs. 100/-each or in default of payment of fine one month's further rigorous imprisonment. The case has also been referred to this Court by the learned Sessions Judge, Ganganagar for confirmation of the sentence of death passed by him against both the appellants.

(2.) THE prosecution case is that there was enmity between both the accused Ram Narain and Shriram on the one hand and the deceased Dashrath and one Manphool on the other. Zeraram brother of Shriram and step brother of Ramnarain was killed a few years before the occurrence. THE accused persons suspected that Dashrath and Manphool had a hand in the murder of Zeraram. On the 10th of July, 1958, Dashrath along with his uncle Jiaram P. W. 1 who lived with him in village 11 T. K. went to his field Kila No. 8 for working therein. Dashrath asked his wife Mst. Manohari P. W. 3 to supply them water a little later. She accordingly went to the field with water and worked there for a while. She returned to her house leaving behind Dashrath and Jiaram in the field. While an her way to the field and back again she saw Ramnarain armed with a double barrel gun and Shriram with a single barrel gun at the point near the water course where subsequently the murder took place at about sunset time. Dashrath and Jiaram left the field for the village a little before sunset. While going Dashrath was about 17 paundas ahead of Jiaram. When he reached the water course, he was shot at both by Ramnarain and Shriram. THE first shot hit him when he was crossing the water course. He fell down 7 paundas away from the place where he received the first shot. Some of the articles which' he was carrying on his person, fell down in water. Maniram P. W. 2 happened to pass that way at that time and he saw the accused shooting at Dashrath. Both the accused went away after killing Dashrath on spot. Jiaram remained near the place where the dead body of Dashrath lay throughout the night. He informed Mst. Manohari at her house in the morning at 6 A. M. that Dashrath had been killed by Ramnarain and Shriram. He asked her to go and report to the police. He again returned to the place where Dashrath lay dead. It may be mentioned here that the bullocks which were being taken by Dashrath along with him reached his house in the evening at about 7 P. M. after sunset unattended. Mst. Manohari heard the three reports of gun fire a little before the bullocks reached her house and she came to know that Manphool had been shot at by both the accused Ramnarain and Shriram. She therefore, apprehended (from the fact of the arrival of the bullocks unattended) that the accused may have also done some mischief to her husband, Dashrath. She however, remained at her house and did not go out to find out about the whereabouts of her husband who failed to reach the house that evening. She has stated that she was afraid and did not dare to go out at night. After she had learnt from Jairam about the murder of her husband she went out to make a report to the police and met Khushiram the Sub Inspector in the village who had come there in connection with the investigation of the case of gun fires at Manphool. He recorded the statement of Mst. Manohari and sent it to the police station for registering a case under sec. 302 I. P. C. against Ramnarain and Shriram Both the accused were named in the statement of Mst. Manohari as the persons who had fired at Dashrath. THE dead body of Dashrath was sent to Raisinghnagar for postmortem examination. Dr. Har Govind performed the postmortem examination and he noticed 13 gun shot injuries in all on the person of Dashrath. According to the doctor, gun shot injuries were responsible for causing the death of Dashrath. THE examination of the injuries also revealed according to the doctor that Dashrath had received as many as four to five gun shots from a close range. Both the accused Ramnarain and Shriram were arrested on the 21st of July, 1958 at Jaitsar Railway Station 18 miles from the village 11 T. K. where they usually resided. From the search of the person of Ramnarain a double barrel gun Ex. 16 along with its licence and 10 live cartridges were recovered. Similarly, a single barrel 12 bore gun Ex. 18 along with a few live cartridges and its licence was recovered from the person or Shriram at the time of his arrest. THE guns and the ammunition recovered from the possession of the accused were sealed by the investigating officer in the presence of witnesses. THE Investigating Officer had recovered three empty shells of 12 bore gun from near the dead body of Dashrath. Two of them were just near him and one was at a distance of four paundas. (a paunda is of about 5 feet ). THEy are articles Exs. Nos. 13 14 and 15. THEy were sealed no sooner they were recovered by the investigating officer Both the guns and the empty shells Exs. 13, 14 and 15 were sent to the ballistic expert at Lucknow for examination His report that has come on record is to the effect that three empty shells Exs. 13,14 and 15 were fired from single barrel gun (of Shriram) Ex. 18. Both the accused were challaned by the police after investigation to the court of the Magistrate First Class, Raisinghnagar who committed them to the court of Sessions Ganganagar.