V.S.KOKJE J. - (1.) THE appellant has been convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs. 2000/ -. He has also been convicted under Section 27 of the Indian Arms Act and sentenced to undergo rigorous imprisonment for two years on count. The conviction and sentences are under challenge in this appeal.
(2.) ON June 5, 1985 at about 6.30 A.M. Prithvi Raj (P.W. 4) came to the Police Station, Sangaria and informed his brother Krishna's wife went to Inder Mohan at about 10.00 P.M. previous night and informed Krishna had gone with Ram Pratap and Harish Chandra during the day and had not returned. On this, Prithvi Raj (P.W. 4) and Inder Mohan went in search of Krishna in the village. Krishna's son Bharat Kumar and, Krishna's wife then came and told them Krishna, Harish Chandra and Ram Pratap were playing Cards on stakes in Bhanwar Singh's house. Then Prithvi Raj and Inder Mohan went to take home Krishna at about 11.00 P.M. towards Bhanwar Singh's house. They saw near the corner of Bhanwar Singh's house, Ram Pratap and Harish Chandra were quarrelling with Krishna for money. Accused Harish Chandra had a double barrel twelve bore gun. Krishna was demanding money. They were abusing each other and were engaged in altercation. At that time, Harish Chandra fired the gun at the instigation of Ram Pratap and shot Krishna He was hit in the chest. On seeing Prithvi Raj and Inder Mohan at the site, the accused persons ran away.
(3.) ON completion of the investigation, Harish Chandra and Ram Pratap were tried and Ram Pratap was acquitted of the charge under Section 302 read with Section 34 I.P.C. and Harish Chandra was convicted and sentenced as aforesaid. Accused Harish Chandra was also charged under Section 201 I.P.C. but he was acquitted of charge. The conviction is mainly based on the testimony of two eye witnesses viz., Inder Mohan (P.W.3) and Prithvi Raj (P.W.4). Inder Mohan (P.W. 3) in his statement reiterated that the prosecution story which is given above. When Krishna's wife and Krishna's son went to him at about 10.00 -10.30 in the night and told him that Krishna had gone to Bhanwar Singh Thakur's house and was playing Cards with Harish Chandra and Ram Pratap and had not come home, he went to the house of hi s elder brother Prithvi Raj. Then both the brothers Inder Mohan and Prithvi Raj went towards Bhanwar Singh Thakur's house at about 11.00 P.M. They saw near the house of Bhanwar Singh Thakur, Harish Chandra and Ram Pratap were engaged in a fight with Krishna and were abusing. Harish Chandra had a double barrel twelve bore gun Ram Pratap instigated Harish Chandra to shoot and Harish Chandra fired two consecutive shots at Krishna. According to this witness Krishna had fallen down dead and when Prithvi Raj and Inder Mohan raised, an alarm, Harish Chandra and Ram Pratap ran away. They saw, Krishna was bleeding and had died. Nobody went to Police for reporting the incident during the night but on the next day Prithvi Raj went to Police Station for lodging the report. It has also been stated that by the witness as the accused persons were absconding they were afraid of them and Police Station was at a distance and therefore, nobody went to lodge the report during the night.;