AMARESH KU.SINGH, J. - (1.) Heard the learned counsel for the appellant and the learned Public prosecutor.
(2.) This appeal is directed against the judgment dated 14th October, 1978 passed by the learned District and Sessions Judge, Bikaner in Sessions Case No. 36/76, State v. Manphool Singh. By the aforesaid judgment, the learned District and Sessions Judge convicted the accused appellant Manphool Singh under Sections 452 and 302, I.P.C. and S. 27 of the Indian Arms Act and sentenced him to rigorous imprisonment for one year and a fine of Rs. 200/- and further rigorous imprisonment for two months for default in payment of fine for the offence punishable under Section 452, I.P.C. and imposed the sentence of imprisonment for life and a fine of Rs. 200/- and further rigorous imprisonment for two months for default in payment of fine for the offence punishable under Section 302, I.P.C. and a sentence of rigorous imprisonment for one year for the offence punishable under Section 27 of the Indian Arms Act. All the sentences of imprisonment were ordered to run concurrently:
(3.) The facts of the case may be briefly summarised as below : On 6th May, 1976 at 2.35 a.m. Gulam Rasool gave oral first information report at Police Station Sadar, Bikaner to the effect that he heard the sound of gun-shot coming from the house of his neighbour Phoosadas and soon after the gun-shot he heard a woman weeping. It was also stated by Gulam Rasool that on account of fear he did not go there. The information given by Gulam Rasool was recorded in daily Roznamcha of the Police Station. Since, the information was incomplete. Shri Jagdish Chandra, Station House Officer of the Police Station proceeded towards the spot with Head Constable Sukhdeo Singh and Constables Gangabishan and Gordhan Dan. ;