JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment dated 30.6.84 of the learned Additional Sessions Judge, Kishangarh Bas whereby he has been convicted of the offence under Sec. 307 i.RC. and sentenced to R.l. for a period of one year and a fine of Rs.500.00 in default to further undergo R.l. for a period of 3 months.

(2.) The prosecution story is that a first information report was lodged by the complainant Chunni Lal on 4.2.83 at 10.00 A.M. at RS. Kotkasim with the allegations that in the morning on that day, accused Deshraj, Amilal and appellant Jagdish fired on his nephew as well as on him. Suraj and Raja Ram were present there. According to him, the accused were armed with lathies and farsi. Some parts of an engine were stolen in connection with which appellant Jagdish was called by Sher Singh Yadav at the Police Station but he was allowed to go to his home in the evening. It was because of this that appellant Jagdish armed with a gun and accused Deshraj with farsi and Amilal with lathi came to kill him in the next morning and it was at that time that Jagdish resorted to firing.

(3.) On the basis of this written report, a case was registered and after necessary investigation, challan was filed against the accused which was committed for trial. The trial court framed charge under Sec. 307 I.RC. and Sec. 27 of Arms Act against accused appellant Jagdish and for offence under Sec. 307/34 I.RC. against Deshraj and Amilal to which they pleaded not guilty and claimed to be tried. The prosecution examined 11 witnesses in support of its case. In their examination under Sec. 313 Cr.RC., the accused persons denied the prosecution story and alleged that this false case has been foisted against them because of their demand for partition of petrol pump of Chunni Lal. However, they did not produce any evidence in defence.