Sunil Kumar Garg, J. - (1.) This appeal has been preferred by the accused appellants against the judgment and order dated 29.9.1987 passed by the Learned Additional Sessions Judge No. 2, Hanumangarh by which the learned Additional Sessions Judge convicted the accused appellant Sahab Ram for offence u/s. 307 IPC and also convicted accused appellant Krishan Lal for offence u/s. 307/34 IPC. The learned Additional Sessions Judge also convicted both the accused appellants for offence u/ss. 25 and 27 of the Arms Act and sentenced each of them as under: JUDGEMENT_171_LAWS(RAJ)2_2002_1.html All the sentences were ordered to run concurrently.
(2.) It arises in the following circumstances: (i) On 31.7.1983 PW-1 Brij Lal lodged an oral report Ex. P/1 with the Police Station Sadul Shahar before PW-8 Jagav Singh stating that he was having a dispute with the accused appellant Krishan Lal and because of the dispute, a case was also lodged against him and the same was pending in the Court and he also had dispute with another accused appellant Sahab Ram and that matter was also settled though compromise. But because of the dispute both the accused appellants had enmity with him and on the date of occurrence, when he was coming towards his house along with PW-2 Chet Ram and PW-3 Kalu Ram, on the way both the accused appellants met and both the accused appellants were armed with pistal. Accused appellant Krishan Lal fired with the pistal, but it was missed, thereupon accused appellant Krishan Lal told another accused appellant Sahab Ram to fire and he fired, as a result of which he received injuries and accused appellants ran away.
(3.) On this report police chalked out regular FIR Ex. P/1 and started investigation.;