JUDGMENT

1. - This appeal has been filed by the accused appellant against the judgment and order dated 8.8.2003 passed by the learned Special Judge, SC/ST Cases, Kota in Sessions Case No. 53/95 by which he while acquitting the accused appellant for the offence under Sections 326, 326/34 IPC and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act.), convicted the accused appellant for the offence under Sections 302/34, 307/34 and 324 IPC and 4/25 Arms Act and sentenced him in the following manner:-

Name of appellant	Convicted u/s	Sentence awarded
Tapeshwar & Chhotu	302/34 IPC	Imprisonment for life and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo SI for six months.
	307/34 IPC	Ten years RI and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo SI for six months.
	324 IPC	One year RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo SI for three months.
	4/25 Arms Act	One year SI and to pay fine of Rs. 200/-, in default of payment of fine, to further undergo one month SI.

All the aforesaid substantive sentences were ordered to run concurrently.

2. It may be stated here that co-accused Jagdish (hereinafter referred to as the absconded accused), who is brother of the accused appellant, is absconding and therefore, the learned trial Judge also ordered that the record of this case be kept intact.

3. It arises in the following circumstances:-

On 5.3.1995 at about 3.45 PM, PW17 Ramesh gave parcha bayan Ex.P/18 to PW5 Richhpal Singh, who was on that day SHO, Policy Station Ramganjmandi stating inter-alia that on that day at about 3.30 PM, when he was coming from Goverdhanpura Mataji's temple, he was called by absconded accused Jagdish and the accused appellant and at that time, absconded accused was having 12 bore gun in his hand and as soon as he tried to pass the house of the absconded accused Jagdish, the absconded accused Jagdish made fires on him with his gun, which struck on his chest, head and shoulder and absconded accused Jagdish also made fire on Latur (hereinafter referred to as the deceased). It was further stated by PW17 Ramesh that at that time, the accused appellant also came there with sword and gave sword blow on his head, which was resisted by him by wood. It was further stated by PW17 Ramesh that thereafter, PW9 Dhanraj came there and absconded accused Jagdish also made fire on PW9 Dhanraj. Thereafter, he was taken to the hospital by PW9 Dhanraj.
On this parcna bayan Ex.P/18. police registered the case and chalked out regular FIR Ex.P/19 and started investigation.During investigation, PW17 Ramesh was got medically examined by PW1 Dr. G.S. Vishnnar and his injury report is Ex.P/1. Which shows that he received many gun shot injuries.PW7 Rakesh was also got medically examined by PW1 Dr. G.S. Vishnnar and his injury report is Ex.P/4, which shows that he also received many gun shot injuries.The deceased was also got medically examined by PW13 Dr. K.K. Soni and his injury report is Ex.P/44 and since deceased died lateron, post mortem of the dead body of the deceased was got conducted by PW14 Dr. Ramesh Chand Dube and the post mortem report is Ex.P/47, which shows that deceased received many gun shot injuries and the cause of death of the deceased was shock due to firearm injuries over liver, heart, lungs, stomach and mesentry.PW3 Babulal was also got medically examined by PW13 Dr. K.K. Soni and his injury report is Ex.P146, which shows that he received six incised wounds.PW6 Ishwar was also got medically examined by PW13 Dr. K.K. Soni and his injury report is Ex.P/45, which shows that he received two firearm injuries.The accused appellant was got arrested through arrest memo Ex P/52. and during arrest he gave information Ex.P/55 for recovery of sword and in pursuance

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