DASU RAM AZAD,J. - (1.) HEARD Shri J.S. Sengar, learned counsel for the appellant-Raj Kumar alias Pappu, learned Additional Government Advocate for the State and perused the record of the case. A prayer for bail has been made by the appellant Raj Kumar @ Pappu in this criminal appeal which has been filed against the judgement and order dated 30.1.2006 passed by the Additional Session Judge, Court No. 3, Fatehpur convicting and sentencing the appellant-Raj Kumar alias Pappu inter alia to life imprisonment under section 302 IPC and a fine.
(2.) THE prosecution case as disclosed in the FIR lodged on 22.7.2000 by the informant Shailendra Kumar Patel, P.W. 1 was that at about 9.00 A.M. when the informant, his father Ram Khelawan, the deceased, his mother Smt. Kamlesh and grand-father Siya Ram were sitting and talking at their door where a lantern was burning, his grand-father (grand uncle), the co-accused Daya Ram armed with a lathi, Daya Ram's elder son Raj Kumar, the appellant herein, carrying the licensed gun of his father, his younger son Raj Karan alias Nankau armed with a pistol arrived there. They began questioning and blaming the informant and others as to why they had flooded their field by cutting the canal causing all their paddy to perish. When the informant stopped them from accusing them, then the co-accused Daya Ram exhorted that they should be killed and not spared. Then all the three accused persons rushed forward to attack them. When the informant's father Ram Khelawan came in front and asked them why they were determined to assault his son, what harm had he done to them, Daya Ram exhorted that first Ram Khelawan should be murdered. Then appellant, Raj Kumar alias Pappu fired with the licensed gun on Ram Khelawan, the father of the informant and Raj Karan alias Nankau fired on the informant with his country made pistol, which missed him. However, his father was injured by the fire of Raj Kumar. The incident was witnessed by his mother, Smt. Kamlesh, and his grand-father Siya Ram. Some other persons also arrived there at that time raising an alarm. Then the three accused persons ran away carrying their arms. He brought his father in an injured condition to the police station Malwa and lodged the report there initially under section 307/504 IPC. The deceased, who was then injured was sent for medical treatment to the hospital where he was declared dead. After completing the formalities of inquest and post-mortem etc., the case was converted to one under section 302/307/504 IPC. The first submission raised by the learned counsel for the appellant was that as the deceased has received only an injury on his leg and the doctor had not given any opinion that the injury was sufficient in the ordinary course of nature to cause death, at the highest only a case under section 304 part II IPC, and no case under section 302 IPC was disclosed. As the appellant had remained in jail for about 4 years after his conviction, the appeal was likely to become infructuous unless he was granted bail as the maximum sentence he was likely to be awarded would be seven years. In support of his contention, learned counsel for the appellant has placed reliance on the decision of the Apex Court in Jawahar Lal Vs. State of Punjab, 1983 SCC (Cri) 805.
(3.) LEARNED Additional Government Advocate countered this contention by pointing out that the injury received by the deceased Ram Khelawan had struck the lower portion of the stomach. The said firearm injury was 12 cm x 8 cm x 4 cm on the right inguinal region 3 cms medial to the right superior iliac spine. The right pelvis was fractured and the urinary bladder was ruptured.;