STATE OF RAJASTHAN Vs. GURDEO SINGH

JUDGEMENT

(1.) Respondent Gurdeosingh was tried by the Additional Sessions Judge, Sri Ganganar for the offences under Section 307 IPC and under Sections 25 and 27 of the Arms Act. By his Judgment dated October 25, 1976, the learned trial Judge held the respondent not guilty for the aforesaid offences and acquitted him of the charges against him. Being aggrieved by that Judgment of acquittal, the State of Rajasthan has preferred this appeal.

(2.) Briefly stated the facts of the case leading to the trial of the respondent are that in a case of murder of one Haripal, brother of Mahendra Singh and uncle of the respondent, there was suspicion against the injured Hamamsingh (PW 6) that he was siding the accused in that case. This suspicion caused grievance to respondent. On September 17, 1973, the evidence of Harnamsingh was recorded in the trial for murde of Haripalsingh. After giving the evidence, Harnamsingh was taking tea sitting on a bench outside the premises of the Court of Sessions Judge, Sri Ganganagar, when Gurdecsingh went there with a 12 bore country mode pistol in his hand and fired the shot towards Harnamsingh, which hit has neck below the left ear. Lalsingh and Harlal were standing opposite the road at the time of alleged incident. The respondent is said to have thrown the pistol and the bandoleer at the spot and ran away. Ramjas, Harlal and others took Harnamsingh to the Hospital and got him admitted there. Dr. M. P. Agrawal, (PW 5), examined the injuries of Harnamsingh on September 12, 1973 at 1.30 P. M. and prepared the injury report Ex. P. 11. He noted the following injuries on his person :

(3.) Both the injuries were grievous and were caused by firearm. The duration of the injuries was fresh within 6 hours. Dr, Agarwal advised X-ray for both the injuries. Dr. S. S. Bhargava (PW I) x-rayed the injuries of Harnam Singh. The X-ray report is Ex. P. 1 After examining all the films of the X-ray Dr. Bhargava opined as under :