LADDU S/O GANGADEVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This D.B. Criminal Appeal has been filed against the judgment/order dated 21.12.1990 passed by the Sessions Judge, Sawaimadhopur in Sessions Case no. 45/89 "State Vs. Laddu Lal " whereby the accused-appellant has been convicted for the offence under section 302 Penal Code and sentenced to undergo imprisonment for life and a fine of Rs. 2001-, in default of payment of fine, to further undergo three months' rigorous imprisonment.

(2.) In short, the facts of the case are that Kalyan (PW 1) lodged a written report on 2.5.1989 at P.S. Ravanjana Dungar, District Sawaimadhopur to the effect that at about 12 O'clock in the noon Rugga and accused-appellant had some quarrel. The accused-appellant went to his house and returned back with a double barrel gun and opened fire upon Rugga, who died on the spot. Madan also received fire arm injuries on his head. Along with him (Kalyan PW 1), Ram Kumar, Hazari, Prabhu and Kishan were present at the place of occurrence. When informant was coming to Police Station along with the gun which he had taken from the accused after the incident, it was snatched by Jugraj Patwari. On the basis of this report a case (FIR No. 38/89) was registered for the offences punishable under sections 302, 307 IPC. The Investigating Officer proceeded to the place of incident. Site plan, panchayatnama were prepared. Post-mortem was conducted by PW 9 Dr. Babu Lal. After completing the investigation a charge-sheet was filed against the present appellant as well as against Jugraj in the Court of M.J.M. Sawaimadhopur, who committed the case for trial to the Court of Sessions Judge, Sawaimadhopur.

(3.) The learned Sessions Judge after hearing the Public Prosecutor and learned counsel appearing on behalf of the accused framed charge for the offence punishable under section 302 Penal Code against the accused-appellant and for the offence under section 201 Penal Code against Jugraj. Both the accused pleaded not guilty and claimed trial.