Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 15th September, 1987 whereby the Sessions Judge, Kota convicted the accused appellant Ram Dayal in the offence under Section 307 of IPC and sentenced him to a i Rigorous Imprisonment for five years and a fine of Rs.500/-, in default of payment of fine to further suffer Rigorous Imprisonment for six months.
(2.) The prosecution story is woven like this : That, in the intervening night of 6th and 7th June, 1984 at about 1.00 AM, the deceased Raghuvanshi was sleeping on a terrace built in a pole of his house on a cot. It is alleged that the accused Ram Dayal Vairagi fired at him with the gun while he was asleep. The gun fire hit on the knee of his left leg. It is averred that no sooner did the gun fire hit on his knee, he was suddenly awakened and saw Ram Dayal armed with a gun accompanied by Dhanna Lal, Bhagwan Singh Meena and Balram Meena. Having heard the noise of gun fire, Chhotu, Kishan Gopal and Ramesh reached there who also witnessed all these four persons running. It is alleged that Ram Dayal was performing the Pooja in a public temple. He and Ram Dayal had an altercation in the last rainy 5 season as a result of which he left performing the Pooja and on account of that animosity, he fired at him, while in sleep with an intention to kill him. PW/10 Ram Charan ASI of Police Station Sangod recorded Parcha Bayan Ex.P/11 of deceased Raghuvanshi whereupon he lodged the FIR Ex.P.12 in the offence under Section 307 of IPC and commenced investigation.
(3.) The Investigating Officer prepared, the site plan Ex.P/1, got the complainant Raghuvanshi medically examined, recorded the statements of the witnesses acquainted with the facts and circumstances of the case under Section 161 of Cr.PC., the injured Raghuvanshi during the investigation succumbed to his injuries on 14th of June 1984, arrested the accused Ram Dayal vide memo Ex.P/18, recovered a country made Deshi Katta along with one empty cartridge cover vide memo Ex.P/13 at the instance of the accused Ram Dayal and after usual investigation sent the accused persons namely Ram Dayal, Balram, Dhanna Lal and Bhagwan Singh for trial to the competent Court.;