[2025:RJ-JP:31430-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Appeal No.196/2020 Jairam Das Chela Ramanand Swami, Aged About 21 Years, R/o Dadu Palka Bhairana Dham Tan Bichun, Police Station Phulera, District Jaipur. (Presently Confined At Dausa Jail)

----Appellant Versus State of Rajasthan ----Respondent For Appellant(s) : Mr.Anurag Shukla, Adv.

For Respondent(s) : Mr.Amit Punia, Public Prosecutor.

Mr.Khem Singh Rajawat, Adv.

HON'BLE MR. JUSTICE AVNEESH JHINGAN HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

JUDGMENT

RESERVED ON :: :: :: 12/08/2025 PRONOUNCED ON :: :: :: 20/ 08/2025 AVNEESH JHINGAN, J:-

This appeal is preferred by Jairam Das Chela Ramanand Swami (hereinafter referred to as ‘appellant’) against the judgment dated 19.02.2020 passed by the Additional Sessions Judge, Sambhar Lake, District Jaipur in Sessions Case No.33/2015 convicting the appellant under Sections 307 & 302 IPC and Section 3/5 of the Arms Act, 1959. Vide order of even date, the appellant was ordered to undergo sentence:-

Name of Accused- Convicted under Punishment Appellant Sections Jairam Das Chela 307 IPC Ten years rigorous imprisonment and to Ramanand Swami pay fine of Rs.15,000/-. In default of payment of fine to undergone two months rigorous imprisonment

302 IPC Life imprisonment and to pay fine of Rs.25,000/-

In default of payment of fine to undergone four months rigorous imprisonment

3/25 of the Arms Act Three years rigorous imprisonment and to pay fine of 5,000/-

In default of payment of fine to undergo one month rigorous imprisonment

2. The facts as projected by the prosecution are that on 19.05.2015 statement of Ramlaldas Maharaj (hereinafter referred to as ‘deceased’) was recorded wherein, it was stated that the appellant fired with a country made pistol (katta) but it misfired. The accused came again with katta and inflicted fire arm injury on the chest of the deceased. After hearing the screams Jagdish Kumawat, Danaram Gurjar and Bhagwandas Swami reached the spot and took the deceased to Government Hospital, Phulera from where he was referred to SMS Hospital, Jaipur. During treatment deceased succumbed to injuries on 21.05.2015. The postmortem was conducted and cause of death was shock, as a result of ante mortem peritonitis which was due to injury No.1, sufficient to cause death in ordinary course of nature. The injury No.1 was gun shot punctured lacerated wound of size 1 x 1 cm on lower part of sternum in center. Dissection revealed underlying hematoma with a track directed downwards and laterally upto anterior wall of stomach. After filing of charge-sheet, the charges were framed against the appellant for offences under Sections 307, 302, 120B IPC and 3/25 of the Arms Act and charges against other co-accused Sunil Kumar and Deva @ Thawar were framed for offences under Sections 302 read-with Section 34 and 120B IPC.

3. The prosecution examined twenty eight witnesses and exhibited forty seven documents to prove the case. In statement recorded under Section 313 Cr.PC, the appellant took defence of alibi and stated it to be a case of false implication. In defence, three witnesses were examined and eleven documents were exhibited. The trial court after considering the facts and appreciating the evidence adduced, acquitted Sunil Kumar S/o Ramsharan and Deva @ Thawar S/o Late Hajarilal but convicted the appellant. Hence, the present appeal.

4. It is contended that as per the deposition of PW-15 Dr. Rahul Mittal of Government Hospital, Phulera the condition of the deceased was critical and was not even in a position of taking thumb impression. On reaching the SMS hospital, Jaipur the parchabayan was recorded at 11:50 PM and thereafter deceased was operated at midnight 12:00 O’ clock. The contents of the parchabayan are argued to be unreliable as the deceased was not medically fit for recording of the statement. It is further argued that PW-19 Satyanarayan had not recorded the statement in his own hand.

4.1 Learned counsel for the