Amaresh Singh, J. - (1.) Heard learned counsel for the appellant and the learned Public Prosecutor and perused the record.
(2.) This appeal has been filed against the judgment dated 12th January, 1993 passed by the learned Additional District and Sessions Judge, Raisinghnagar in Sessions Case No. 52/92 State of Rajasthan vs. Sohan Singh, whereby the appellant was convicted under Sec. 302 of the Indian Penal Code and Sec. 27 of the Indian Arms Act and was sentenced to imprisonment for life and a fine of Rs. 200/- and to undergo further imprisonment for 2 years for default in payment of fine for the offence punishable under Sec. 302 of the Indian Penal Code and to undergo rigorous imprisonment for 3 years and a fine of Rs. 200/- and further rigorous imprisonment for one year for default in payment of fine for the offence punishable under Sec. 27 of the Indian Arms Act.
(3.) The facts of the case may be summarised as below : On 27th May, 1992 at 10.00 A.M. Mangal Singh gave an oral First Information Report at the Police Station, Raisinghnagar, about the occurrence which occurred on the previous night intervening 26th and 27th May, 1992. According to the First Information Report given by Mangal Singh on the night intervening 26th and 27th May, 1992 at about 9.00 P.M. Mangal and his younger brother Jalandhar Singh were sitting with some other villagers at the house of Deva Ram. At that time Mangal Singh and others heard the sound of three gun shots. At about 9.15 P.M. Mangal Singh, Jalandhar Singh, Malkiyat Singh and Dara Singh started from the house of Deva Ram. When they reached the lane adjoining to Gurudwara they saw that Sohan Singh was standing inside the enclosure of the Gurudwara and was abusing Jangir Singh and at that time Sohan Singh was armed with a 12 bore gun. Jalandhar Singh objected to the act o f abusing and thereafter Sohan Singh aimed his gun towards Jalandhar Singh and opened fire. Pallets landed on the head of Jalandhar Singh and as a consequence o f the injuries Jalandhar Singh fell on the ground and his injuries started bleeding. Mangal Singh, Dara Singh and Malkiyat Singh attended to Jalandhar Singh soon after he fell on the ground and they found that he had died on the spot. They raised the cry to the effect that a man had been killed. Sohan Singh ran away with the gun. An alarm raised by Mangal Singh and others attracted other villagers who reached the spot and found the dead body o f Jalandhar Singh lying at the place where Jalandhar Singh fell after receiving the injuries. On the basis of the First Information Report lodged by Mangal Singh Police registered the case under Sec. 302 of the Indian Penal Code and Sec. 27 of the Indian Arms Act and commenced investigation After investigation Police submitted a charge-sheet under Sec. 173 of the Criminal Procedure Code in the Court of learned Additional Chief Judicial Magistrate, Raisinghnagar who committed the case to the Court of learned Additional District and Sessions Judge, Raisinghnagar for trial. Sohan Singh was charges under Sec. 302 of the Indian Penal Code and 27 of the Indian Arms Act. He pleaded not guilty to the charges. During trial the prosecution examined Mangal Singh (P.W. 1), Dara Singh (P.W. 2), Malkiyat Singh (P.W. 3), Subhash Chandra Gupta (P.W. 4), Jangir Singh (P.W. 5), Ganga Ram (P.W. 6), Mani Ram (P.W. 7), Subhash Chandra (P.W. 8) and Narendra Kumar (P.W. 9) in support of the prosecution case. Accused Sohan Singh was examined under Sec. 313 of the Criminal Procedure Code. He did not produce any evidence in defence.;