1. - This appeal has been filed by accused appellant Mana Singh against judgment dated 13.2.1S98 passed by Additional Sessions Judge No.1, Sriganganagar in Sessions Case No. 30/95 by which he has been convicted under section 302 IPC and sentenced to life imprisonment with a fine of Rs. 1000/- and in default to further undergo two years rigorous imprisonment. He has also been convicted under Section 353 IPC and sentenced to two years rigorous imprisonment. He has also been convicted under section 27 of Arms Act and sentenced to three years rigorous imprisonment with a fine of Rs. 500/- and in default to further undergo six months simple imprisonment. All the sentences were ordered to run concurrently.

2. The prosecution story as emerged from the file is that at 6.45 RM. on 7.11.1994 in Hanumangarh township near Suratgarh Phatak PW-6 Syonarain going on his motor-cycle No. RJ-31-M-163 was apprehended by three persons having muffled faces. One of them pulled out a pistol and put it on the chest of Syonarain and Snatched the motor-cycle from him. Syonarain immediately lodged a FIR in police station Hanumangarh resulting which wireless messages were sent on all check posts.

3. At about half post seven the above motor-cycle was apprehended by PW-1 Shyam Pratap Singh, PW-2 Manohar lal and Radhey Shyam (Since deceased).All these persons were working in home guard and were posted at check post Karadwala. These persons stopped the motor-cycle and checked its number. The three persons riding on the motor-cycle started running but were chased by these persons and Haredev Singh was caught red handed whereas out of remaining two one of them fired a pistol injuring Radhey Shyam who died instantaneously.

4. A wireless message Ex. P/45 of this occurrence was also sent to police station Hanumangarh at 7.15 P.M. resulting which PW-14 Richhpal Singh Station House Officer alongwith police personnel's reached on the spot whom Ex.P/3 written FIR was handed over by PW-2 Manoharlal. So also Hardev Singh caught at the site. Postmortem on the dead body was conducted. Site plan who Ex. P/5 prepared on the next day. One pair of shoes and one pair of Juti were also seized and sealed from the site vide Ex.P/8 alleged to be left by the absconding accused. Similarly an empty 12 bore cartridge was also seized from the site which was sealed there and then. Six mold of foot prints available on the site were vide taken also Ex.P/10 and seized and sealed there and then. Motor-Cycle No. RJ-31M-163 was also seized vide Ex. P/12.

5. Hardev Singh disclosed the names of co-accused as Mana Singh and one Baldev Singh. Mana Singh, present accused, was arrested on 1.3.1995 alongwith a country made 12 bore pistol in FIR No. 448/95. When Station House Officer, Sadulsahar came to know of it he took in custody accused Mana Singh from sub-jail Jaitu and thereafter took his sample foot molds and have also got his test identification parade conducted on 17.2.1995 vide Ex.P/1 in which PW-1 Shyam Pratap Singh, PW-2 Manoharlal, PW-3 Surrender Kumar, PW-4 Mehboob Khan, one Ram Kumar and another Raghuveer Singh have correctly identified this accused. Thereafter Mana Singh accused appellant was charged under Sections 302, 353/34 IPC and Section 25 of Arm Act. Co-accused Hardev Singh was charged under section 302/34 and 353/34 IPC.

6. After pleading not guilty and claiming trial the prosecution examined 14 witnesses and exhibited 45 documents. In statement given under Section 313 Cr.P.C. accused appellant denied all the incriminating evidence appearing against him and pleased that he has been falsely implicated. No evidence in defence was produced.

7. Thereafter learned trial court after a lengthy judgment gave benefit of doubt to Hardev Singh and acquitted him but convicted and sentenced accused appellant Mana Singh as stated above relying upon the testimony of PW-2 Manoharlal and identification of the accused appellant by PW-2 Manoharlal, P.W. 3 Surendra Kumar and PW-4 Mehoob Khan.

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