ASHOK KUMAR MATHUR, J. - (1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Nohar dated 29 -8 -1981 where by the learned Additional Sessions has convicted accused Begraj under Section 302 1PC. He also convicted accused Sukharam under Section 302 read with Section 34 I.P.C. and sentenced them to life imprisonment and a fine of Rs. 1000/ - each and in default of payment of fine to undergo six moth's simple imprisonment. Both the accused have also been convicted under Section 447 I.P.C. and Section 27 of the Arms Act and sentenced to one month's simple imprisonment and Rs. 100/ - each as fine and in default of payment of fine to undergo 15 days simple imprisonment under Section 447 I.P.C. and three months simple imprisonment under Section 27 of the Arms Act.
(2.) REST of the three accused persons, namely, Rameshwar, Ram Chandra and Hem Raj have been acquitted by the learned Additional Sessions Judge, Nohar. The facts giving rise to this case are that Jagdish was admitted in the Bhadra Government Hospital on 7 -4 -1978 with gun shot injuries. The Doctor on duty, Dr. Sahi Ram informed the Police about this injured. On the information received by the S.H.O. Om Prakash from the Hospital he rushed to the Hospital and got a dying declaration of the injured recorded by the Tehsildar. Thereafter on that basis he registered a case under Sections 307, 447, 147, 148 and 149 I.P.C. Thereafter, when Jagdish, who gave a dying declaration died a charge under Section 302 I.P.C. was added. The First Information Report was lodged against all the five accused persons, namely, Begraj, Sukhram, Ramchandra, Hemraj and Rameshwar. The investigation was taken up by the S.H.O. Om Prakash, accused were arrested and recoveries of weapons from the accused persons were made. Empties were also collected from the scene of occurrence After close of the investigation all the accused were charge -sheeted and sent for trial, under the aforesaid sections After completing the trial learned Additional Sessions Judge, Nohar acquitted 3 accused persons and convicted the accused Begraj and Sukhram as aforesaid Aggrieved against the judgment of connection the accused appellants have preferred the present appeal before this Court.
(3.) THE incident as disclosed in the First Information Report Ex P 1 is that on 7 -4 -1978 in the morning at about 8 a.m. Bhadar along with his son Jagdish Om Hardeva, Inderraj and two more ladies have gone to the field of Bhadar situated in village Chiriva Gandhi in the district of Ganganagar. While they were harvesting the crop, Begraj alongwith his son Sukhram armed with pistols and Rameshwar, Ramchandra and Hemraj armed with lathis came at the field and shouted that they have harvested the crop and they would not be allowed to escape then. Thereafter, Begraj fired a shot which hit Jagdish in the stomach and Sukhram also fired a shot which injured Mahavir, Hardeva and Bhadar. The post -mortem of deceased was conducted and the cause of death was gun shot injuries. Three other injured were also medically examined and they have also found to have received injuries from pellets. The dying declaration of the deceased was recorded by the Tehsildar soon thereafter. The First Information Report which was filed on 7 -4 -1978 reached the Magistrate on the same day at 4 p.m.;