MILKHI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant-Milkhi Ram was convicted for offence under section 307 IPC and sentenced to three years' rigorous imprisonment with a line of Rs. 1,000/- and in default to undergo one years' rigorous imprisonment. For offence under section 27 of the Arms Act he was convicted and sentenced to one year's rigorous imprisonment. Both the sentences were ordered to run concurrently by learned Additional Sessions Judge, Raisinghnagar. He has assailed the finding of guilt and the sentence.

(2.) I have heard the learned counsel for the appellant as well as learned Public Prosecutor at length.

(3.) Briefly stated facts of the case are that on 18.12.1981 at about 11.30 p.m. Kashmirilal attended police station Anupgarh and reported to the effect that he himself. his uncle Ramswaroop as well as certain other persons went to Nahrawali in connection with panchayat elections. They stayed overnight. In the evening accused-appellant met him and asked him to go to ease in the jungle. Ramswaroop, Gyan Chand and Gurbaksh Singh were. following them. When they entered in nursery, it was accused-appellant who fired a shot by pistol on Kashmirilal. The reason was that Kashmirilal used to put hindrances in his illegal trade of wine. Kashmirilal made hue and cry. Then Gyan Chand, Ramswaroop and Gurbaksh Singh went there and tried to catch hold of Milkhi Ram. Milkhi Ram also made a fire on them.