LAKHA KALU MEHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LAKHA appellant, Ramesh and Uda were charged by the Addl. Sessions Judge, Kota for offences under Secs. 148, 307 and 353, IPC, while Mohan was charged for the offences under Secs. 148, 307/149 and 353, IPC. They were tried by the Addl. Sessions Judge. The Addl. Sessions Judge by his judgment dated May 30, 1981, acquitted all these persons except LAKHA who was found guilty for the offence under Sec. 307, IPC and sentence him to five years rigorous imprisonment and with a fine of Rs. 200/ -. LAKHA was further found guilty of the offence under Sec. 353, IPC and sentenced to two years rigorous imprisonment. The sentences under both these counts were ordered to run concurrently. LAKHA has come in appeal before this Court.

(2.) INVESTIGATION in the offences started with the First Information Report Ex. P/l lodged by Krishna Gopal, Station House Officer, Police Station, Chechat. It was alleged in the First Information Report that Krishna Gopal had to apprehend four proclaimed, offenders namely Ramesh, Uda, Lakha and Mohan. There were criminal cases pending against Ramesh under Sec. 302, IPC (Case No. 43/1978); against Uda Under Sec. 454/380, IPC (Case No. 57/1979); against Mohan also as co-accused with Lakha. He came to know in village Barodia that these four absconders were found in revenue village Bholu and if they are searched at that place, they may be apprehended. On receiving this information, Krishan Gopal along with Raghunath, Asstt. Sub-Inspector of Police and Karan Singh, constable, went towards the field of Bholu at the place pointed out by the informant. When they reached near a 'peepal' tree, they found the four proclaimed offenders at a distance of 10 or 12 steps in the village Bholu were Jawar crop was standing. Seeing the police party, Lakha appellant, it was alleged, came with 12-bore gun aiming the same towards the police party. Krishna Gopal and his party men saved themselves by taking position behind the "peepal" tree. The pallets from cartridges fired from 12-bore gun hit the tree. Thereafter Ramesh and Uda fired a gun Shot towards the police party, but Krishna Gopal and his assailants escaped as they were behind the "peepal" tree. On apprehending the there was going to be continuous when Krishna Gopal saw, Lakha against loading his gun, he fired a gun shot from his own 12-bore gun in his Lakha and as a defence which hit result of the same Lakha fell down. Ramesh, Uda and one unknown person managed to escape. Mohan also tried to run away, but he was caught then and there. The 12-bore deshi gun which was in the hand of Lakha had fallen down on the ground. Lakha sustained injuries on his fore head and eyes. On this basis, a case was registered at the Police Station, Chechat against the four accused tried and one another person.

(3.) BEFORE parting with this judgement, it may also be observed that when Krishna Gopal, SHO was the first informant, he should not have at all associated himself in the investigation of the case. His doing so makes the investigation stigmatic.