RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAMKUMAR appellant and Ramsingh were tried by the Sessions Judge, Kota, for causing the murder of Yuvrajsingh. Ramkumar has been convicted for the offence of murder under Section 302 of the Indian Penal Code and sentenced to imprisonment for life, while Ramsingh accused has been acquitted. This appeal has been filed by Ramkumar challenging his conviction.

(2.) BRIEFLY the prosecution case is that Ramsingh, Ramkumar and Yuvrajsingh went from Kota for a picnic on the morning of 21st November, 1985 to a Talai near village Sakatpur. Ramsingh had a licence for a muzzle loading gun and he carried it with him. At the Talai they took liquor and then food was prepared by Prabhulal P. W. 10 who also accompanied them and all of them had their lunch. Prabhulal P. W. 10 then left the place with the utensils, leaving Ramsingh, Ramkumar and Yuvraj at the Talai. At about 4 P. M. one gunshot was fired by Ramkumar appellant and it is alleged that it seriously injured Yuvrajsingh. The two accused thereafter ran away with the gun, Mst. Kishni P. W. 5 was near the Talai with her nephew Kanhaiyalal p. W. 6. On hearing the report of the gun she went to the place where Yuvrajsingh was lying in serious condition. Yuvrajsingh requested Mst. Kishni to take him to the hospital. Soon some other villagers assembled. Kanhaiyalal went to the office of Bundi Silika Company at Kunhari and asked Babu P, W. 9 to telephone the police that a man had been shot at the Talai. Babu telephoned to the Police Station bhim-ganjmandi. Vinod Dhane P. W. 11 Station House Officer received the message at about 4-30 P. M. On this message the first information report was prepared. In the first information report it is mentioned that the name of the man who had received the gunshot was Yuvrajsingh and that the person who had fired at him was Ramkumar. The name of the other companion was Ram Singh. Vinod Dhane went to the Talai. He found Yuvrajsingh seriously Injured on the road at about 150 feet away from the tank. He was taken to the M. B. S. Hospital at Kota. He was examined by Dr. Hukamchand Jain and admitted in the hospital. The doctor noted in the bed ticket Ex. D. 1 that the person (injured) stated that he had been shot at by his class mate Ramkumar of Genta. Vinod Dhane, the Station house Officer, himself recorded the dying declaration in the presence of Dr. Hukamchand, The dying declaration is Ex. P. 3. The gist of the dying declaration is that Yuvrajsingh, Ramsingh and Ramkumar had gone from Kota to have drinks. They had taken sufficient quantity of liquor which Ram-sing had brought. Ramsingh had also brought a gun for hunting. Ramkumar took the gun from ramsingh and shot at him at the left hip of Yuvrajsingh. The gun was fired by ramkumar, It was a double barrel muzzle loading gun. Thereafter both of them ran away with the gun.

(3.) THE injury report shows that the deceased had three pea size gunshot wounds lacerated in nature on the left hypochond-rium. They were skin deep and simple. There was one oval gunshot wound in the left hypochondrium 3/4" x 1/2" going into the peritorial cavity and bowels were visible. This last injury was grievous. There was also fracture of the left 10th rib and a tear in the posterior wall of the stomach. Dr. N. K. Sharma performed the operation and removed a pea size stone (shot ). Yuvrajsingh, however, did not survive and succumbed to the injuries on 22nd November, 1965. The post-mortem examination on the dead body of yuvrajsingh was performed by Dr. R. K. Gupta. The cause of death was perforation of stomach leading to peritonitis and shock.