G.S.AHLUWALIA,J. - (1.)This appeal has been filed under Section 374(2) of Cr.P.C. against the judgment dated 15.11.2002 passed by Third Additional Sessions Judge, Morena in S.T. No. 132/1999 by which the appellant has been convicted under Section 302 of IPC and has been sentenced to undergo the Life Imprisonment with fine of Rs. 1000/-. In default of payment of fine, the appellant was further directed to undergo the Rigorous Imprisonment of one year.
(2.)Necessary facts for the disposal of this appeal are that on 10.1.1998 at about 1:00 AM in the night the complainant Ram Lakhan lodged a FIR to the effect that, on 9.1.1998 at about 8:00 PM, he was sitting in front of the door of his house when five armed dacoits came there, out of which one was (Paper torned) Adiwasi, Bhura Kachhi dacoit of Morena and Ram Baran Kachhi dacoit of Kot Sirthara and two were unknown persons. The accused persons demanded grocery from him and he gave four Kg. of wheat flour. In the meanwhile, two dacoits brought Niranjan from his house and asked the complainant and Niranjan to accompany them. On the way, one Jaswant met from whom also the dacoits took wheat flour and reached to furnace of one Dulare where Patiram and Malkhan were sitting. Thereafter the dacoits called the villagers and demanded grocery. All the villagers brought wheat flour, ghee, pulses, spices and handed over the same to the dacoits. The dacoits along with the material took the complainant, Niranjan, Jaswanit and Patiram towards the forest where the materials were kept down, hands of Niranjan were tied by the appellant, and the complainant and another persons were asked to go back. When the complainant requested to release Niranjan also, then the appellant said that Niranjan has teased his sister and his uncle Mangal has sold his land, therefore, he is his enemy. Thereafter, Brijlal got a letter written by Bhura dacoit and handed over the same to Patiram and pointed out his gun towards Niranjan. Patiram and the complainant requested him with folded hands not to kill Niranjan but the appellant assaulted Patiram by the butt of the gun. The complainant and others requested Bhura dacoit and Ram Baran to convince the appellant to leave Niranjan but Bhura simply denied to intervene on the ground that Niranjan is the enemy of the appellant. The appellant fired the gunshot which hit on the chest of Niranjan as a result of which Niranjan fell down. Another gunshot was fired which hit on the back of Niranjan and Niranjan died then and there. It was mentioned in the F.I.R. that the dead body of Niranjan is lying there and the dacoits after collecting the grocery went towards the forest.
(3.)On this FIR, the police started investigation and prepared the spot map. The inquest report, the blood stains and blood earth were seized from the spot. One gunny bag carrying 15 Kg. of wheat flour and one bag carrying potatoes, red chilly, salt etc. were seized. One letter from the possession of Patiram was also seized. The dead body was sent for postmortem. As none could be arrested at that time therefore, a charge sheet under Section 299 of Cr.P.C. was filed. Subsequently, the appellant was arrested on 20.1.1999.