MAHENDRA SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.3.1982 passed by the learned Sessions Judge, Bikaner convicting the accused-appellant of offence under section 304-A Penal Code and sentencing him to one and half years R.I. and to pay fine of Rs. 2,000.00, in-default of payment, to further undergo 6 months R.I. The appellant has also been convicted of offence under section 25 of the Arms Act and sentenced to one and half years R.I. and a fine of Rs. 500.00, in default of payment, to further undergo 2 months R.I.

(2.) The prosecution case in brief is that on 16.4.1980 at 2.50 p.m. one Manohar Lal PW 13 lodged FIR at Police Station, Nayasahar, Bikaner stating that he resides in the house of Rameshwar Lal Konkar PW 9 and along with Rameshwar Lal, his brother Balwan Singh PW 11 resides. At about 1.30 p.m., Balwan Singh was taking meal in the room and in another room Mst. Vimla W/o Rameshwar Lal, neighbour Mst. Dharma PW 12 and daughter Lilawanti aged 7-8 years PW 10 were sitting. At that time, accused-Mahendra Singh arrived there armed with 12 bore gun. He also stated that Mahendra Singh fired gun at Mst. Vimla, resulting into her death on the spot. On the basis of this information Police registered a case against the appellant for offence under section 302 Penal Code and 25 of the Arms Act. After usual investigation, Police submitted charge-sheet against the accused-appellant of offence under section 302 Penal Code and 25 of Arms Act.

(3.) The trial Court charged the appellant of offence for the said offences. The accused pleaded not guilty and claimed trial. The prosecution in support of the case, examined 16 witnesses and produced certain documents. The trial Court held that the prosecution has failed to establish that the accused-appellant fired the gun at Mst. Vimla with intention to murder her. However, the Court held that the accused acted rashly and negligently, causing homicidal death of Mst. Vimla and as such, convicted him of offence under section 304-A Penal Code and sentenced as stated above.