[2026:RJ-JP:6103-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Appeal No. 377/2022 Gurucharan @ Babloo S/o Yadram, Aged About 29 Years, R/o Village Nymadpur Police Station Halena, District Bharatpur Rajasthan (At Present Under Judicial Custody Central Jail Bharatpur)

----Appellant Versus State Of Rajasthan, Through P.P ----Respondent For Appellant(s) : Mr. R B Sharma Ganthola For Respondent(s) : Mr. Naresh Kumar Gupta, PP with Mr. Vinod Sharma Ms. Neha Goyal Mr. Sukhdev Singh Solanki with Mr. Abhishek Bhardwaj Mr. Rituraj Soni Ms. Barsha Kumari HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE SAMEER JAIN

Judgment

(Per: HON’BLE SAMEER JAIN, J.)

1. By way of the instant criminal appeal, the accused-appellant (hereinafter referred to as the ‘appellant’) has approached this Court assailing the validity of the judgment and order of sentence dated 05.11.2022 passed by learned Additional Sessions Judge, Wair, District Bharatpur (hereinafter referred to as the ‘learned Trial Court’) in Sessions Case No.44/2021 (CIS No.45/2021).

2. Vide the impugned judgment, the learned Trial Court has convicted and sentenced the appellant as under:

i) Under Section 460 IPC: Simple Imprisonment for ten years with a fine of Rs.5,000/-; in default whereof, to undergo three months of simple imprisonment.

ii) Under Section 302 IPC: Life imprisonment with a fine of Rs.20,000/-; in default whereof, to undergo six months of simple imprisonment.

iii) Under Section 3 read with Section 25 of the Arms Act: Simple imprisonment for two years with a fine of Rs.3,000/-; in default whereof, to undergo one month of simple imprisonment.

All sentences were directed to run concurrently. The fine amount to the tune of Rs.20,000/- was directed to be paid as compensation to the legal heirs of the deceased.

FACTUAL MATRIX OF THE LIS AT HAND:

3. Succinctly stated, the prosecution case unfolds from a written report dated 14.11.2015 (Ex.P-8) filed by Ramkishan (PW- 9) at Police Station Halena, District Bharatpur, which was later registered as FIR No. 289/15 (Ex.P-9). It was alleged that on the intervening night of 13.11.2015, at around 11:30 PM, while the informant was lying in bed and listening to music at his residence, he heard the sound of a gunshot. Upon rushing to the courtyard, the informant witnessed the appellant-Gurucharan@Babloo, firing a gunshot at his brother, Jagdish (deceased), which hit him hard on the stomach and hip region. The informant further stated that he chased the appellant, who then fled away on a running motorcycle driven by another person, later identified as Abdul s/o Rehman.

4. It was further alleged in the FIR that the motive attributed to the commission of the said act was a prior animosity inter se the parties and that the appellant had ingressed into the house of the informant and threatened the entire family to withdraw the case registered against the appellant regarding the abduction of a girl belonging to the community of the informant and the deceased.

5. The deceased was initially taken to a hospital in Bharatpur and thereafter referred to SMS Hospital, Jaipur where he succumbed to his injuries. The FIR also discloses that on 14.11.2015, the appellant had issued threats to kill all the brothers of the deceased via mobile phone; the specific mobile numbers of the incoming threat calls to Satveer@Sattu (PW-10)

have categorically been specified in the FIR.

6. Upon registration of the said FIR, the investigation commenced and the statements under Section 161 Cr.P.C. of close relatives of the deceased, such as PW-9 (Ramkishan), PW-7 (Mohan Singh), PW-2 (Hariom), PW-3 (Bheem Singh), PW-6 (Rahul Kumar), PW-8 (Hemant), PW-5 (Kamal Singh @ Kalua), PW-10 (Satveer @ Sattu), were recorded. The site plan was formulated (Ex.P-7), panchnama was drawn (Ex.P-3), and the Medical Board conducted the post-mortem of the body of the deceased (Ex.P-6). The shirt of the deceased (Ex.P-5), the cartridge which caused the injury/death (Ex.P-