1996 Supreme(Raj) 1174
N.L.TIBREWAL, R.K.TIWARI
Guru Dutta Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. - The appellant has preferred this appeal against the judgment and order dated March 31, 1993 passed by Judge, Special Court, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Cases, Kota in Sessions Case No. 72/1992 whereby the appellant was convicted under Section 302 IPC and 30 of the Arms Act. Under Section 302 IPC he was sentenced to suffer imprisonment of life and to pay a fine of Rs. 5,000/-. In default of payment of fine, he has to undergo rigorous imprisonment for six months. While under Section 30 of the Arms Act, he was sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500/-. In default of payment of fine, to undergo one month's rigorous imprisonment.
2. The unfortunate part of the case is that the appellant is the father of the deceased Gurudeep Singh. The prosecution case in nutshell is that on basis of 'Parcha Bayan' Ex.P/1, crime No. 22/1992 was registered under Section 302 IPC at the Police Station Budhadit, district Kota. The charge against the appellant was that he made a gun fire causing pellet injuries to his son Gurdeep Singh, who succumbed to the injuries sustained by him. From the evidence led by the prose
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