- (1.) VIJAY Ram, Bheem Singh and present appellants Desh Raj and Dhoopi all are sons of Tohiya. Case of the prosecution is that the present appellants Desh Raj and Dhoopi have committed murder of their brother Bheem Singh on 5.10.2005 at 5.00 PM in the land falling in the share of Vijay Ram. Vijay Ram was unmarried and he died sometime before the occurrence. Regarding share of the land belonging to Vijay Ram there was dispute between the parties. The case of the prosecution is that on the date of occurrence both the appellants had fired a shot resulting into death of Bheem Singh.
(2.) THE appellants were tried by the court of Additional Sessions Judge (Fast Track) No.1, Alwar and vide impugned judgment dated 9.2.2007 both the appellants were held guilty of offences under Sections 302/34 and 323 IPC and Section 3/25 of Arms Act. Having convicted the appellants for the said offences, the trial court vide a separate order of even date sentenced both the appellants as under: - Accused -appellant, Desh Raj U/s. 302/34 IPC: Life imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo one month simple imprisonment. U/s. 323 IPC: Six months simple imprisonment. U/s. 3/25(1 -B), Arms Act: One year simple imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo one month simple imprisonment. Accused -appellant, Dhoopi U/s. 302/34 IPC: Life imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo one month simple imprisonment. U/s. 323/34 IPC: Six months simple imprisonment. U/s. 3/25(1 -B), Arms Act: One year simple imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo one month simple imprisonment.
(3.) AGGRIEVED against their conviction and sentence, the appellants have filed the present appeal. Criminal proceeding was set into motion on the basis of written report (Ex.P.5) submitted by Kedar Singh (P.W.3) before Ajay (P.W.16) who was then posted as SHO, Police Station Ramgarh (Alwar). Written report (Ex.P.5) when translated into English reads as under: - To, The SHO, Police Station Ramgarh (Alwar). Sub.: For lodging of report. Sir, It is submitted that today on 5.10.2005 at about 5.00 PM Dhoopi S/o. Tohiya, Desh Raj S/o. Tohiya wanted the partition of the land of their brother Vijay Ram who had died about one month ago. His land was to be divided between four brothers. Vijay Ram was not married. Bheem Singh S/o. Tohiya asked his two brothers Dhoopi and Desh Raj not to enter the field of Vijay Ram until it is partitioned. But his two brothers had not agreed and they forcibly intended to cultivate the land. I told them that five persons in the morning will sit together and decide. But Dhoopi and Desh Raj forcibly started to plough the land. On opposition, Dhoopi and Desh Raj started firing. Shot from the gun had hit Bheem Singh on chest, face and hands due to which Bheem Singh died at the spot. They had also caused injury with the butt of gun on the head of Kedar son of the deceased. Report is presented. Action be taken. Sd/ - Kedar Singh S/o. Bheem Singh Caste Gurjar Village Nangla Chirawda P.S. Ramgarh";