N.N.Mathur, J. - (1.) This appeal is directed against the judgment dated 29.07.2003 passed by the learned District and Sessions Judge, Jaisalmer, convicting the appellant-Narayan Singh of offence under Section 302 IPC and sentenced him to imprisonment for life and to pay a fine of Rs. 2,000/- in default of payment of fine to further undergo six months' rigorous imprisonment. He has also been convicted of offence under Section 3/25 of the Arms Act and sentenced to two years rigorous imprisonment and to a fine of Rs. 500/-, in default of payment of fine to further undergo three months' rigorous imprisonment. He has further been convicted of offence under Section 27 of the Arms Act and sentenced to three years' rigorous imprisonment and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo three months' rigorous imprisonment. The appellant Mohan Singh has been convicted of offence under Section 302 / 34 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- in default of payment of fine to further undergo six months' rigorous imprisonment.
(2.) Briefly stated the prosecution case is that on 20.03.2000 at about 10:00 PM, when deceased Shailendra Singh along with PW. 6 Radhakishan and PW. 8 Prem Singh reached in Village Dhauva, near the house of appellant-Mohan Singh, they found the road blocked by the stones thoroughly scattered. Shailendra Singh, who was driving the jeep, stopped the same and gave a call to appellant- Mohan Singh to remove the stones. In response to the call, Mohan Singh and his son Damodar Singh came out of the house and refused to remove the stones. PW. 8 Prem Singh gave a call to PW. 2 Liladhar. At that time, the second appellant-Narayan Singh came out of the house carrying a gun in his hand. He abused deceased-Shailendra Singh and threatened him of giving lesson for asking to remove the stones. It is further alleged that the first appellant-Mohan Singh exhorted his son Narayan Singh to shoot Shailendra Singh. Accordingly, Narayan Singh fired at Shailendra Singh, on account of which, he fell down. Mohan Singh, Damodar Singh and Narayan Singh took their heels from the spot. The gun shot attracted PW. 7 Om Singh and PW. 5 Khewar Singh, PW. 8 Prem Singh and PW. 6 Radhakishan along with deceased-Shailendra Singh proceeded to the hospital in a Rickshaw of PW. 2 Liladhar, as the key of the Jeep could not be located. Shailendra Singh succumbed to the injuries in the hospital at Jaisalmer. PW. 8 Prem Singh submitted a written report Exhibit P-7 to PW. 16 Ram Singh, in-charge of the Police Station. The report was sent to the Police Station Kherli with police constable Pratap Singh. Police registered a case of offence under Sections 302, 341 IPC and proceeded with the investigation. The police prepared a site memo. The dead-body of Shailendra Singh was sent for post-mortem. The accused persons were arrested. The gun was recovered from the possession of appellant Narayan Singh. After usual investigation, police laid charge-sheet against the appellants for offence under Sections 302, 302/34, 341 IPC, 3/25 and 3/27 of the Arms Act.
(3.) The appellants pleaded not guilty of the charges levelled against them and claimed trial. The prosecution adduced oral and documentary evidence to prove its case. The appellants in their statements under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them. Appellant-Mohan Singh stated that deceased Shailendra Singh made assault on him when he came out of the house on a call given to him. He became unconscious. Shailendra Singh entered in his house and took up quarrel with his son Narayan Singh. He was not aware, as to who fired the gun from inside the house. The appellant Narayan Singh stated that on the next day of Holi, he was at his residence in the night. He came out of the house hearing the shouts of his father. He found that deceased Shailendra Singh threshing his father. On his intervention, deceased-Shailendra Singh took out a knife and assaulted him. In the scuffle, deceased lost the grip as such the knife fell down. He took up the gun from inside the house. Deceased Shailendra Singh tried to snatch the gun from his hand. In the scuffle, the gun went off and accidentally hit Shailendra Singh. He went to the police station and made statement in that regard. He was arrested by the police. He has also stated that deceased Shailendra Singh after consuming liquor used to take up quarrel with people. Shailendra Singh was his friend. His relations with Prem Singh, Radha Kishan, Om Singh and Liladhar were hostile. The incident occurred as a result of ill-advise of the said persons to the deceased-Shailendra Singh. The defence examined three witnesses in support of its case. The learned trial Court having found the prosecution case substantially proved, convicted and sentenced the appellants in the manner indicated above.;