Rajendra Saxena, J. - (1.) Appellant Ram Karan, his brother Badri and nephews Ramkesh and Kaluram faced trial for the offences Under sections 147, 448, 307, 307/149, 302 and 302/149 Indian Penal Code before the learned Sessions Judge, Sawaimadhopur by his judgment dated 23.12.94 acquitted all the accused persons for offences Under section 147, 448, 307, 307/149 and co-accused Ramkesh, Kaluram and Badri for the offences Under section 302/149 Indian Penal Code but convicted appellant Ram Karan Under section 302 Indian Penal Code and sentenced him to life imprisonment and fine of Rs. 200/- and in default of payment of fine to further undergo three months simple imprisonment.
(2.) The prosecution case can be recapitulated within a narrow compass. It appears that in the evening of 21.11.1992 deceased-Karanpuri, had come from Jaipur and stayed at the house of Morpal Ex-Sarpanch situated in village Soorwal. During the night he slept on a wooden plank in the room of Morpal. In the same room Morpal was sleeping on a cot while Smt. Keshar, the mother-in-law of Morpal's son and a disciple of deceased Karanpuri was sleeping nearby on the floor of the said room. The room was bolted from inside. It is alleged that at about 2.00 A.M., appellant Ram Karan armed with a muzzle loading Double Barrel Gun came alongwith four co-accused persons after having formed an unlawful assembly with a common object to commit the murder of Morpal & Karanpuri, criminal trespassed by climbing over the Chabutra of Morpal. The appellant fired twice from his gun by putting its barrel in the cravice (Daraaj) of the doors of that room with result that Karanpuri sustained grievous injuries. It is the case of the prosecution that Morpal hearing the bang of the gun shots opened the door of his room and saw that appellant Ram Karan was standing there. Karanpuri was immediately brought in a jeep by Morpal and his son PW-3 Suresh and PW-4 Ram Sahai and others to Government Hospital, Sawai Madhopur, where he was admitted and his injuries were examined by PW 7 Dr. PC. Gupta. It is also the case of the prosecution that appellant and co- accused persons were on inimical terms with Morpal and criminal litigation was also pending between them, that they intended to kill Morpal because generally the latter used to sleep on the wooden plank but on the ill fated night deceased-Karanpuri slept on that wooden plank while Morpal slept on a separate cot and as such Karanpuri sustained firearm injuries. PW-1 Hazarilal Head Constable, who on the information received by the SHO, Police Station, Man Town from the Doctor, was directed to go to the hospital. He recorded the Parcha Bayan Ex.P 1 of Karanpuri, at 6 A.M. on 22.11.92, which was attested by the doctor. On the basis of Parcha Bayan Ex.P 1, initially the case was registered Under section 307 Indian Penal Code against the appellant only.
(3.) PW-7, Dr. PC. Gupta examined Karanpuri on 22.11.92 at 4 A.M. and as per M.L.R. Ex.P 13 found the following injuries : (i) circular wound of entry with clotted blood 1/4 x 1/4 x 1/2 cm on antro lateral surface of right arm with collar of abrasion. There was no tattooing and no blackening. (ii) circular wound of entry 1/2 x 1/2 cm x depth leading inside the abdomen on right illiac fossa 2.5 cm above the anterior superior illiac spine with collar of abrasion. No tattooing. There was corresponding hole in yellow colour cloth worn by the injured, which was blood stained. (iii) two circular wounds of entry with clotted blood with corresponding holes in yellow coloured cloth worn by the injured, which was blood stained, 3/4 cm x 3/4 cm x depth leading inside the abdominal cavity 3.5 cm above right anterior superior illiac spine with collar of abrasion. No tattooing or blackening. (iv) abrasion with clotted blood 2 cm x 1 cm transversely placed on right illiac fossa 5 cm above the anterior superior illiac spine and 10 cm away from the umblicus. The general condition of Karanpuri was very poor. His abdomen was distended and intestinal sounds were absent. Injuries No. 1, 2 & 3 were caused by a firearm, while injury No. 4 was caused by blunt weapon. The doctor advised for the Radiological Examination, which revealed that there was no bone injury in the right arm nor any radio opaque metallic shadow was visible. However, there was gas under the right dome of diaphram and three radio opaque homogenous rounded opacity were seen, which were metallic in nature on the right side of abdomen. Thus injuries No. 2 & 3 were dangerous to life.;