- (1.) THE learned Sessions Judge, Sirohi has convicted Narayan Lal for offences u/ss. 302 and 450, I. P. C. in Sessions Case No. 2/84 (94/84) vide judgment dated 9. 7. 86. For offence u/s. 302, I. P. C. Narayan Lal has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-and in default of payment of fine to undergo further R. I for one month. By this very judgment Kanti Lal has been convicted of offence u/s. 450, I. P. C. and has been sentenced to undergo R. I. for five years and to pay a fine of Rs. 100/- and in default of payment of fine to undergo further R. I. for one month. Kanti Lal was also tried for an offence u/s. 302 read with s. 34, I. P. C. but has been acquitted of the said charge. Narayan Lal and Kanti Lal have filed D. B. Criminal Appeal No. 265/86 challenging the legality, correctness and propriety of their convictions and sentences recorded by the learned trial court. D. B. Criminal Appeal No. 403/86 has been filed by the State of Rajasthan with the leave of this Court against the acquittal of Kanti Lal for offence u/s. 302 read with s. 34, I. P. C.
(2.) THE learned Munsif & Judicial Magistrate, Sirohi tried accused Narayan Lal for various offences including offence u/s. 25 Arms Act in Criminal Case No. 529/83 and he found Narayan Lal guilty of offence u/s. 25 Arms Act by his judgment dated 25. 8. 86 and sentenced him to undergo R. I. for one year and to pay a fine of Rs. 200/- and in default of payment of fine to undergo further R. I. for one month. Aggrieved, he filed Criminal Appeal No. 44/86 before the learned Sessions Judge, Sirohi. This appeal was dismissed by the learned Sessions Judge, Sirohi. Aggrieved, Narayan Lal has filed S. B. Criminal Revision Petition No. 2/89. Since the same gun was involved in both the cases, namely Sessions Case No. 2/84 (94/84) in the court of Sessions Judge, Sirohi and Criminal Case No. 529/83 u/s. 25 Arms Act in the court of Munsif & Judicial Magistrate, Sirohi, S. B. Criminal Revision Petition has been heard along with the aforesaid two appeals with the consent of all concerned, and both the appeals as also aforesaid S. B. Criminal Revision Petition are being disposed of by a common judgment. Briefly stated, the prosecution story is that Narayan Lal was serving as a police constable in the State of Gujarat under the jurisdiction of Deputy Superintendent of Police, Mehsana. On 22. 10. 83 he was issued a 303 gun bearing no. 156471/butt no. 186 and a bayonet along with 20 cartridges. Narayan Lal was a permanent resident of village Mandar in the District Sirohi of Rajasthan. Kanti Lal, the other appellant before us was also resident of village Mandar. This Kanti Lal was engaged to grand-daughter of Smt. Ashu (P. W. 17 ). This, was not liked by the members of the community including P. W. 11 Moti Lal, who is nephew of Smt. Ashu. Later on, Moti Lal's brother Bhawani Shanker- was married. At this marriage invitations were not extended to Kanti Lal, his father Babu Lal and appellant Narayan Lal. This caused annoyance and dis-pleasure to Babu Lal, Kanti Lal and Narayan Lal. It is alleged that Moti Lal had another brother Amrit Lal. Narayan Lal and Kanti Lal had given some beating to Amrit Lal about which a complaint had been filed in the court but the case was compromised due to intervention of certain relations, yet Narayan Lal nursed a grudge against Moti Lal and Amrit Lal. The prosecution story further is that on 4. 11. 83 at about 9 p. m. , Amrit Lal was sitting in his house at village Mandar along with his wife Smt. Jhammo (P. W. 3) and niece Manju (P. W. 4), Bhawani Shanker (P. W. 9), the brother of Amrit Lal and Moti Lal (P. W. ll) were sitting in the house of Moti Lal which was nearby. Kanta the daughter of Moti Lal (P. W. ll) was sitting in the court yard of Moti Lal's house. All of a sudden Narayan Lal and Kanti Lal came to the house of Amrit Lal. Narayan Lal was armed with the gun, which had been issued to him by the office of Deputy Superintendent of Police Mehsana by Head Constable Godh Singh on 22. 10. 83. When the two accused persons reached the house of Amrit Lal, Smt. Jammo and her niece Manju were sitting in the house near a 'choolha. ' Amrit Lal had just entered the house to take his meals and was sitting nearby. He heard the foot-steps of the two accused persons, upon which he got up. At that very moment Narayan Lal partly stepped in the door with one foot inside the house, the other foot out of the house. He at once fired the gun, which he was carrying, at Amrit Lal. Kanti Lal was standing at a distance of two to three steps behind Narayan Lal. At the time of the incident a lantern was burning in the house while certain lamps were burning out side the house because of the Deepawali. Smt. Jhammo and Manju identified both the assailants and raised an alarm, upon which Bhawani Shanker and Moti Lal rushed towards the house of Amrit Lal. It is alleged that both the accused persons ran away immediately. It is alleged that Narayan Lal was wearing police uniform at that time. It is claimed that Bhawani Shanker, Motilal and Kanta saw the two appellants running away.
(3.) THE prosecution story is that Narayan Lal had been hit by the gun shot on the abdomen and he started bleeding. Soon after-wards Moti Lal (P. W. 11) rushed to Police Station, Mandar which was at a distance of one furlong from the scene of occurrence. Before proceeding to Police Station, Mandar, Moti Lal scribed a report about the incident and lodged the same with P. W. 16 Ram Singh, S. H. O. On the basis of this report Ex. P. 11, Ram Singh registered a case for offence u/s. 307, I. P. C. It is alleged that the formal F. I. R. (Ex. P 17) was recorded at 9. 05 p. m. and Ram Singh immediately rushed to the spot. The prosecution story is that as soon as Bhawani Shanker saw Amrit Lal in the injured condition, he rushed to summon doctor. P. W. 15 Dr. Prakash Kumar Singhi. Dr. Prakash Kumar Singhi immediately rushed to the scene of occurrence. According to the prosecution, he reached the spot a couple of minutes before the S. H. O. reached the spot. The prosecution story is that looking to the serious condition of the injured Amrit Lal, Shri Ram Singh, S. H. O. requested Dr. Prakash Kumar Singhi (P. W. 15) to record the dying declaration of Amrit Lal. Upon this request Dr. Prakash Kumar Singhi recorded the dying declaration (Ex. P. 15) of Amrit Lal in his own hand. Dr. Singhi obtained thumb impressions of Amrit Lal on this dying declaration because Amrit Lal was not in a position to affix his signatures due to an injury on his right hand. ;