SURENDRA ALIAS SUNIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 21-10-87 passed by Shri Amar Singh Godara, Sessions Judge, Sriganganagar, in Sessions Case No. 76/86 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and a fine of Rs. 100/- and further convicting him under Section 27 of the Indian Arms Act and sentencing him to undergo one year's rigorous imprisonment and a fine of Rs. 100/-. Both the sentences were ordered to run concurrently.

(2.) The facts giving rise to the present appeal briefly stated are that on 24-10-86, First Information Report was lodged by one Ram Lal at Police Station Matilirathan in Ganganagur District that he received information from one Kana Ram that his brother has been shot dead by the accused Surendra near the liquor shop. Investigation was taken up. The accused was arrested and prosecution commenced in Sessions Case No. 76/86. On 19-12-86 the accused was charged of murdering Raji Ram by shooting him dead after little wordy exchange. The prosecution has examined 9 witnesses to prove its case. The accused denied commission of any offence. The learned Sessions Judge, on appreciation of the evidence on record, convicted the accused under Section 302 of the Indian Penal Code to suffer imprisonment for life.

(3.) Of the 9 witnesses examined by the prosecution, PW/1 Kana Ram is the sole eye-witness. PW/2 Ram Lal is the person who lodged the First Information Report and who is brother of the deceased. He went to the scene of offence on receipt of information from PW/1 Kana Ram, saw the dead body of his brother and proceeded to the Police Station to lodge the complaint.