PRAKASH @ OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since the appeal of accused Om Prakash and the Misc. Petition filed under Sec. 482 Cr. P. C. arise out of the one and the same judgment of the learned Sessions Judge, Bharatpur dated Feb. 28, 1987, they were heard together and are disposed of by a common judgment.

(2.) By the impugned judgment, the learned Sessions Judge convicted the appellant under Sections 302, 307 and 323 Penal Code and sentenced him to imprisonment for life, rigorous imprisonment of seven years and simple imprisonment of six months along with different amount of fine on the respective counts. In the judgment, the learned Sessions Judge passed structures against Dr. Bhopal Singh. P.W.15. He has came up under Sec. 482 Crimial P.C. to this court for expunging those remarks. The accused has come up in appeal and challenges his conviction.

(3.) Briefly recalled, the prosecution case is that the appellant is a resident of village Pali Polite Station Veir. district Bharatpur. The deceased victim Shiv Dayal Brahmin, aged about 32 years was also the resident of the same village. His house is situate in the opposite direction to that of the appellant with a way running in between. The situation of the house has been depicted in the site plan. Ex. P/2. The distance between the houses is nearly 73' as mentioned in Ex. P/2. Phool Singh Jat, P.W. 12 is the son of P.W 7 Shivli Singh. On 16.2.1985 a quarrel took place between the appellant and Phool Singh. The appellant gave a beating to Phool Singh. Phool Singh apprised his further that he was beaten by the appellant. In the morning on 17.2.1985, Phool Singh went towards Pokhar to case himself. The appellant met him there and again gave a beating. Phool Singh came to house and again apprised his father Shivli Singh as to what had happened with him at Pokhar. Around 8 a.m. on that day. Shivli Singh P.W.7 went to the appellant's father Kishan, who was found on the Oata of the deceased shown by mark 'A' in Ex P/2. Shivli Singh complained against the appellant to his father Kishan that he had beaten his son twice. The appellant's father Kishan expressed his inability as the appellant was out of his control. While the appellants father and Shivli Singh were talking on the Oata, many persons including PWS Babulal Sohan Dei Ram Charan, Man Singh, Vipatti Ram. Kamal Singh, deceased Shiv Dayal and others and appellant's brother Bhagwan Singh collected there. The accused was then standing in a room on the first floor of his house. Bhagwan Singh went to the appellant. The appellant was having a DBBL gun in his hand. Bhagwan Singh exhorted the appellant to fire shots at Shivli Singh P.W.7. The appellant fired shot, but the pellets struck against the wall of his room. He then fired two shots in succession, the pellets of which hit P.W.1 Babulal, P.W.2 Sohandi. P.W 3 Ram Charan. P.W. 4 Man Singh and deceased Shiv Dayal. Shiv Dayal sustained multiple injuries. He and the other injured persons were immediately taken to the general hospital. Bharatpur for treatment. A wireless message was flashed and P.W. 18 Barbir Singh Station House Officer, P. 3. Veir arrived on the spot, before whom P.W. 7 Shivli Singh presented a written report. Ex. P/3 of the incident. The police registered a case under Sec. 307 Penal Code against the appellant and his brother Bhagwan Singh. The injuries of Ram Charan, Shander, Babu and deceased Shiv Dayal were examined next day at about 11 A M. by PW15 Dr. Bhopal Singh, the then Medical Jurist. General Hospital. Bharatpur. Gun shot injuries were found on their persons. The injury reports prepared by Dr. Bhopal Singh are Ex. P/43 and Ex. P 49 to Ex. P/51. X-ray examination was conducted and the injuries found on P.W.S. Ram Charan, Sohandei and Babulal were found simple. Shiv Dayal was taken on the operation table on 20.2.87. The operation was conducted by P.W. 14 Dr. M.M. Mathur, Sr. Surgeon. Shiv Dayal however did not survive and passed away at 11 A.M on 21.2.1985. The Police added Sec. 302 Penal Code during investigation. The post-mortem examination of the victim's dead body was conducted by the Medical Jurist Dr. Bhopal Singh P.W. 15. He found the following ante-mortem injuries over the victim's dead body:- External injuries :