N.M.Kasuwal, J - (1.)This appeal by the two accused persons, Gajanand and wolfed directed against the judgment of Sessions Judge, Jhalawar, dated December, 1982, whereby the accused- appellants have been convicted and sentenced in the following manlier: Both-Under Section 304 Part II IPC to 7 years rigorous imprisonment and a fine of Rs. 100/- each. In default of payment of fine to undergo further simple imprisonment for one month. Accused Gajanand under Section 3/25 of the Arms Act to one yearTs rigorous imprisonment and a fine of Rs. 100/and in default of payment of fine to undergo further simple imprisonment for one month. Both the sentences of accused Gajanand were ordered to run concurrently.
(2.)Briefly stated the prosecution case is that at about 2.30-3.00 A.M. in the night of October 22, 1982 Parmanand and his uncle. Ghasihl were returning back to their house from their field then a Truck was standing outside Lanka gate near temple of Hanumanji in village, Jhalra-patan. accused persons, namely Gajanand, Motta, Devalal, Bhanwar lal, Kanwar Lal son of Gopilal, Gulab, Tulsiram and Salim came out from the side of the truck. Gajanand, Madan Lal and Tulsinim had guns with them. Accused Motia had a Fursi and the other accused persons were armed with lathis. Accused persons Tulsiram, Madan and Gajanand fired gun shots towards Parmanandand Ghasi Lal, Ghasi lal received gunshot injuries. Out of the accused persons some ran towards the Lanka gate and the others ran by the side of temple of Chandrabhaga. Ram Narayan who had also gone to his field also came at the spot and witnessed the occurrence. Parrnanand and Ram Narain then took Ghasi Lat to hospital Jhalrapatan but he succumbed to the injury in the way. A litigation was going on between Devalal Dhakhar and the complainant party and on account of this enmity the accused persons had formed an unlawful assembly and 4. The Prosecution in support of its case had come with the intention of killing Ghasi. has examined 12 witnesses. The accused persons An F.I.R. of the incident Was lodged by Parma- in their explanation under Section 313 Cr. P.C. and vide Ex. P. 1 at police station Jhalrapatan have totally denied the incident of inflicting any on October 22, 1981, at 4.00 A. M., The police injuries on Ghasilal. The accused Madan Lal registered a case under Sections 147, 148, 149 admitted that he had produced his gun and -- and 302 IPC and started investigation. An autopsy of deceased Ghasilal was conducted by Dr. Vinod Kumar Jam and he found the following injuries on the body of deceased Ghasilal. Healthy thoracic cavity containing blood scattered seven plura is reputed at the side congested. Right upper lobe was lacerwound of the size 2x2 cm, outer posterior, sewlling upper stratum posterior lobe. Middle lobe- lacerated wound of 3x2cm. on anterior supper stratam side. Lower lobe 2-lacerated wound of 3x2cm.and pellis aufend 5,6,7-left lungs pericardium and heart healthy. Scasleisment vein reputred South verse of lungs ruptured.
(3.)The police after usual investigation filed challan against the aforesaid 8 persons as well as three more accused persons-Bhagwan Singh, Ram Narain and Kanwar Lal son of Ratan Lal. The learned Chief Judicial Magistrate, Jhalawar committed the accused for trial to the Court of Sessions. The learned Session Judge, Jhalawar framed charges under Sections 302, 302/449, 302/149 and 148 IPC against the accused persons Gajanand, Tulsiram, Madan Lal and Kanwar Lal son of Ratan Lal, while he framed charges under Sees. 302/149, 307/149 and 148 IPC against rest of the 7 accused persons. The charges were read over and explained to the accused persons who denied the charges and claimed to be tried. The learned Sessions Judge by his judgment, dated December 18, 1982 convicted only accused persons Gajanand and Madan Lal under Sections 304 Part II read with Section 34 IPC and to Gajanand also under Section 3/25 of the Arms Act and gave sentence. as mentioned above. All the rest of the accused persons have been acquitted of the charges levelled against them.