HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by Hanuman is directed against the judgment dated 12-11-82 of learned AddI. Sessions Judge No.2, Hanumangarh exercising jurisdiction in the Court of Sessions, Ganganagar whereby the appellant has been convicted of offences under Sections 302 of the Indian Penal Code and 27 of the Indian Arms Act. Under the first count, he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/- and in default to undergo further rigorous imprisonment for two years. Under the second count he has been sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs. 1000/- and in default to undergo further rigorous imprisonment for one year. The judgment has further directed confiscation of rifle along with a cartridge and licence thereof recovered at the instance of the appellant.

(2.) The gist of the prosecution story is that on 19-4-82, P.W. 1 Mani Ram r/o Jakhadawali had gone to Suratgarh to attend hearing of a criminal case pertaining to murder of one Indian son of Magha Rani, a co-accused and father of the appellant. In this case besides Mani Ram, there were 12 other accused persons. Deceased Phoosa Ram uncle of Mani Ram was also one of them. He had also gone to attend the hearing of the said case in the court of Munsif and AdI. Magistrate Suratgarh along with P.W. 2 Devi Lal his nephew. The prosecution story is that the hearing of the case was over by 11 a.m. and thereafter P.W. 1 Mani Ram P.W. 2 Devi Lal and deceased Phoosa Ram went to the place of one Dr. Agarwal to obtain certain medicine. They received medicine from the place of Dr. Agarwal and started for the house of Birbal Ram, also known as Pradhan. The other coaccused of Mani Ram in that case had sometime earlier gone to the house of the said Pradhan by a jeep but these three persons, namely, Mani Ram, Devi Lal and deceased Phoosa Ram logged behind because they had to go to the place of Dr. Agarwal.

(3.) The prosecution case further is that at about 11.30 a.m., Mani Ram, Phoosa Ram deceased and Devi Lal reached the square known as Dr. Goyal's Square. Mani Ram and Devi Lal were going bit ahead while Phoosa Ram was following them at a distance of about ten steps. All of a sudden Magha Ram and Devi Lal heard a lalkara Dekhta kya hay Dusman ja rahe hai Maar Goli. On this lalkara; both of them, namely, Mani Ram and Devi Lal turned back and saw that accused persons Magha Ram, Birbal, Hazari along with present appellant Hanuman were standing at the back of the deceased Phoosa Ram. As soon as Magha Ram and Devi Lal turned back, accused Magha Ram, Birbal and Hazari exhorted Hanuman to fire at Phoosa Ram. On this appellant Hanuman, who was already armed with a gun, placed the barrel of the gun at the back of Phoosa Ram and fired a shot with the result that Phoosa Ram fell down and dead at the spot. The appellant and his co-accused Magha Ram, Birbal and Hazari ran away. Mani Ram and Devi Lal chased them for some distance however, they could not catch hold of the appellant and his companions and therefore came back to the spot where Phoosa Ram was lying dead. The incident was also witnessed by one Ram Chandra r/o 34 MOD. Devi Lal stayed with the dead body of Phoosa Ram while Mani Ram went to Police Station, Suratgarh, which is situated at a distance of about 1 km. from the spot. Mani Ram lodged an oral report the same day at 11.55 a.m. with P.W. 4 Bhajan Singh, Station House Officer. Bhajan Singh himself scribed this report Ex. P.1. He read over the same to Mani Ram and obtained signatures of Mani Ram thereon. Upon this report, he registered a case under Section 302/34 of the Indian Penal Code and 27 of Indian Arms Act. He, thereafter, immediately proceeded to the scene of occurrence. Mani Ram also followed him. Bhajan Singh saw the dead body of Phoosa Ram lying in the market place of Suratgarh Town some distance away from the Square known as Dr. Goyals Square. He prepared a site plan Ex. P.2 with regard to such inspection. At the time of inspection, .Bhajan Singh found an empty brass cartridge at a distance of about 80 from the place where Phoosa Rams dead body was lying. He recovered and sealed the same vide memo Ex. P.5. Bhajan singh examined the dead body and found that at the site where the bullet had hit the body of the deceased the wearing apparel of the deceased were burning. Bhajan Singh extinguished this lire and prepared memo Ex. P.3 as also Panchayatnama Ex. P.4. From near the scene of occurrence, some blood stained soil was recovered by Bhajan Singh vide Ex. P.6. Control soil was also duly recovered and sealed vide Ex. P. 7. The deceased at the time of his death was apparently carrying a 12 bore gun and a bag of cartridges, which were recovered by Bhajan Singh vide Ex. P .8. Four teeth belonging to the deceased were also lying at this scene of occurrence near the mouth of the dead body. Bhajan Singh duly recovered and sealed them vide Ex. P.9.