S.S.BYAS, J. - (1.) SINCE these two appeals are directed against one and the same judgment of the learned Additional Sessions Judse, Raisinghnagar dated November 13, 1981, they were heard together and are decided by a common judgment. By the judgment aforesaid, the learned Additional Sessions Judge convicted the accused Bhoma Ram under Section 302 and accused Ram Chandra and Laxmi Chand under Section 302 read with Sections 34 and 109, IPC and sentenced each of them to imprisonment for life and a fine of Rs. 1000/ - in default of the payment of fine to further undergo six months' rigorous imprisonment. Accused Bhoma Ram was further convicted under Section 25 of the Arms Act, but no separate punishment was awarded to him for this offence.
(2.) THE incident is alleged to have taken place at about 9.45 p.m. on July 10, 1980 at the bus stand, Suratgarh, in which one Madan Lal Jodhki, aged about 21 years, was shot dead by accused Bhoma Ram at the instigation of accused Ram Chandra and Laxmi Chand. Briefly stated, the prosecution case, as stated during trial by the eye -witnesses Ved Prakash (PW 1), Kalu Ram (PW 2) and Om Prakash (PW 3) is that at about 9 45 p.m. they were standing on the public road running out side the main gate of the bus stand, Suratgarh. Ved Prakash and Kalu Ram had come there to board a bus to go to their village Manaksar while Om Prakash happened to be there to board a bus to go to village Kenchi. The deceased Madanlal came there on a bicycle and asked PW 1 Ved Prakash as how he was standing there and how he had failed in the examination While both of them were thus talking, the three accused Ram Chandra, Laxmi Chand and Bhoma Ram came there riding on a motorcycle. Accused Laxmi Chand alias Laxman was driving it while the remaining two Ram Chandra and Bhoma Ram were on the pillion. Ram Chandra being in between taxmi Chand and Bhoma Ram. Accused Laxmi Chand stopped the motor -cycle but kept its engine in start condition. Accused Bhoma Ram came towards Ved Prakash and Madan Lal. Accused Ram Chandra and Laxmi Chand, pointing towards Madan Lal, asked the accused Bhoma Ram to shoot Madan Lal. Accused Bhoma Ram fired the pistol at Madan Lal which hit him on the back and caused an entry wound there and the exit wound on the Sub -coastal region anteriorly on right side 2' from mid -sternal line. Madan Lal fell down with profuse bleeding from his wounds. Accused Bhoma Ram took to heels in the North side on the road while Ram Chandra and Laxmi Chand made good their escape in the South side of the road riding on the motor -cycle. There was a big commotion at the spot. The prosecution witnesses Ved Prakash, Kalu Ram and Om Prakash and some other persons ran after the accused Bhoma Ram to catch him. While running away, accused Bhoma Ram therw the pistol in a muddy pond. Those chasing him caught hold of him after some distance. They took him to the Police Station, Suratgarh, where a report Ex. P 1 of the occurrence was lodged by PW 1 Ved Prakash at about 1045 p.m. The police registered a case and arrested the accused Bhoma Ram. At the time of his arrest, four live -cartridges were recovered on his personal search concealing in the fold of his trousers. The motive alleged for the murder is that the deceased -victim Madan Lal was a servant of PW 10 Milak Ram. Accused Laxmi Chand and Ram Chandra were on inimical terms with Milak Raj and various cases were pending between them. It was due to these inimical terms that accused Ram Chandra and Laxmi Chand managed to kill Madan Lal with the aid of accused Bhoma Ram. The SHO Umed Singh (PW 11) arrived on the spot, inspected the site and prepared the site plan. He also prepared the inquest of the dead body of Madan Lal. He seized and sealed the blood -stained soil lying on the spot. The postmortem examination of the victim's dead body was conducted at about 9.00 a.m. on July 11, 1980 by PW 13 Dr. Jhanwar the then Medical Officer Incharge, Government Hospital, Suratgarh. The doctor noticed the following injuries on the victims dead body: (1) There is a wound of entry on the IX left intercoastal space posteriorly 2 -1/2' from raid line on left side of size 1 c.m. x 1 c.m., oval in shape inverted bruised margins, slight peripheral blackening was present. Direction of wound was forward, right oblique and slightly upwards. (2) Wound of exit present on Sub -costal region anteriorly on right side 2' from missternal line, margin of wound everted bruised. Exit wound is slightly bigger in size than entry wound. Both these wounds were communicating to each other. The doctor also noticed massive injury to right side of the liver on lower part. The doctor was of the opinion that the cause of death was injury to liver due to fire -arm leading to shock and death. The injuries were ante -mortem in nature and were sufficient in the ordinary course of nature to cause death. The postmortem examination report prepared by him is Ex. P. 38. In consequence of the information furnished by accused Bhoma Ram one S.B.B.L. country made pistol was recovered from the muddly pond near the pump house The blood -stained clothes of the deceased were seized and sealed. Accused Laxmi Chand and Ramchandra were also arrested and the motor -cycle, on which they were riding at the time of the incident, was seized. The clothes of the deceased as well as the pistol recovered were sent to the Rajasthan State Forensic Science Laboratory, Jaipur and to the Serologist, Calcutta for examination. Human blood was found on the clothes of the deceased. One empty fire -cartridge was found in the chamber of the pistol. As per report Ex. P 43 of the State Forensic Science Laboratory, the pistol was found in working order and the empty cartridge case fired through it. On the completion of investigation, the police submitted a challan against accused Bhoma Ram, Laxmi Chand and Ram Chandra in the court of Munsifcum Judicial Magistrate, Suratgarh, who, in his turn, committed the case for trial to the Court of Sessions. The learned Additional Sessions Judge framed charges under Section 302 IPC and 25 of the Arms Act against accused Bhoma Ram and under Sections 302/109 and 302/34, IPC against accused Ram Chandra and Laxmi Chand. All of them pleaded not guilty and demanded trial. In support of its case the prosecution examined 14 witnesses and filed some documents. In defence, the accused adduced no evidence. Accused Laxmi Chand and Ram Chandra, who are brothers inter se, denied their presence on the spot and stated that they have been falsely implicated as they were on inimical terms with PW 10 Milak Raj. Accused Bhoma Ram, in his statement under Section 313, Cr. PC admitted his presence on the spot, but denied that he had fired the shot at the victim Madan Lal. According to him, he and the accused Ram Chandra and Laxmi Chand went to the bus stand to kill Milak Ram (PW 10). Accused Laxmi Chand fired shot at Milak Raj and gave the pistol to him. As per understanding between them, he ran away with that pistol in his hand. While running away, he threw it in the muddy pond, which he got recovered later on. On the conclusion of the trial, the learned Additional Sessions Judge found the charge duly brought home to the accused persons. The accused were consequently convicted and sentenced as mentioned at the very out -set.
(3.) WE have heard the learned amicus curiae and Mr Doongar Singh for the appellants and the learned Public Prosecutor for the State. We have also gone through the case file carefully.;