S.N. Modi, J. - (1.) APPELLANT Jogendrasingh was tried and convicted for an offence under Section 302 IPC for the murder of Roopram and sentenced to imprisonment for life and a fine of Rs. 600/ - by the Additional Sessions Judge No. 2, Sri Ganganagar. Co -accused Jaggasingh was, however, acquitted of the said charge. The appellant has come up in appeal challenging his conviction and sentence.
(2.) THE incident to which this case relates took place on 21st July 1971 at about 8 a.m. at the but stand of village Nagrana, Police Station, Sangaria, district Ganganagar. The F.I.R. was lodged at 12.30 p.m. on the same day by FW 2 Banwarilal, a cousin of deceased Roopram. It was also signed by PW 3 Lalsingh, a sin or servant of deceased Roopram. He accompanied Banwarilal at the Police Station, Sangaria. The prosecution story as revealed from the F.I.R. is like this. On 27 -1 -71 at about 7.30 a.m. Bsnwarilal PW 2, Lalsingh PW 3 and deceased Roopram left for village Narana from the field of Roopram as Roopram was to board the bus from the Bus sued, Nagrana. When they were about one killa, that is, 165 feet away Lalsingh left the company of deceased Roopram as both of them began talking with CW 1 Baldeo Singh regarding the canal water. Roopram a one proceeded to the bus stand. At the bus stand, appellant Jogendrasingh, his brother Jagga Singh and their sons Mithusingh and Karatarsingh respectively were present from before. Jogendrasingh and Jaggasingh were armed with pure guns and Kartarsingh and Mithusingh were having gandasis with them. On seeing Roopram, all these four persona attacked Roopram. Mithusingh aid Kertarsirgh dealt blows with gandasis on the head of Roopram, Jogendrasingh fired his gun at Roopram first and he was followed by Jaggasingh who fired next causing injuries on the abdomen of Roopram near (sic). On receiving the injuries, Roomram fell down on the ground. PW 2 Banwarilal and PW 3 Lalsingh should 'mar diya mar diya' Both of them rushed towards Roomram. Jogendrasingh fired another shoot towards Banwarilal and Lallsingh to (sic) consequences if they came near Roopram. The assailants, however, fled away. The FIR further reveals that when Banwarilal and Lalsingh went near Roopram. The letter asked them to take him to the hospital. Meanwhile, the bus bound for Hanumangarh arrived there and Roopram was carried in the bus but he expired on reaching the hospital at Hanumangarh. The first report also reveals that the assailants had old enmity with Roopram and they attacked him in furtherance of common intention in the presence of Banwarilal PW 2 and Lalsingh PW. 3
(3.) THE SHO, Sangaria, after taking down the aforesaid verbal first report commenced investigation. The post mortem examination of the corpse was performed by Dr. Roopsingh PW 1. He found multiple injuries on the dead body. Injuries Nos. 6, 7 and 8 were gun -shot injuries which, according to the doctor, were the result of two shoes. Injuries Nos. 1, 3, 4, 5, 9, 10 and 11 were caused by a blunt weapon. Injury No. 2 was described as incited wound but the but the doctor in his statement admitted that this injury might have been caused by a blunt weapon. The fatal injury, according to the doctor, was gun -shot injury No. 6 on the abdomen near umbilicus. During the course of investigation, it came to the light that there were some more persons who were present at the bus stand and had witnessed the incident. One of them was Gangaram CW 2 The. SHO interrogated all of them.;