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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Cr. Appeal No.339/2005

Ramji @ Ramjilal & Another v. State of Rajasthan

Against the judgment dated 31.3.2005

passed by

Addl. Sessions Judge (Fast Track) No.3, Dholpur

in Sessions Case No.7/2004

Date of judgment

17.3.2016

Hon'ble Mr. Justice Kanwaljit Singh Ahluwalia

Hon'ble Mr. Justice J.K. Ranka

Mr. Ashwin Garg, for accused-appellants

Mr. Aladeen Khan, Public Prosecutor, for the State

By the Court (Per Ahluwalia, J.)

Present appeal has been filed by Ramji alias Ramjilal and

Shiv Singh, to challenge the impugned judgment dated 31.3.2005

rendered by the Court of Addl. Sessions Judge No.3 (Fast Track),

Dholpur, whereby appellants have been convicted for offence

u/sec. 148, 452, 307/149 and 302/149 IPC. In the appeal the

appellants have also assailed the order of sentence of even date

whereby appellants were sentenced as under :-

“u/sec. 148 IPC : Three years rigorous imprisonment

u/sec. 452 IPC : Seven years rigorous imprisonment and

to pay a fine of Rs.1000 and in default of payment of fine

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to undergo one month simple imprisonment.

U/sec. 307/149 IPC : Ten years rigorous imprisonment

and to pay a fine of Rs.5000 and in default of payment of

fine to undergo six months simple imprisonment.

U/sec. 302/149 IPC : Life imprisonment and to pay a fine

of Rs.5000 and in default of payment of fine to undergo

six months simple imprisonment.

All sentences were ordered to run concurrently.”

Criminal proceedings in the present case were set into motion

on the basis of written report (Ex.P.1) presented by Gunna Meena

(PW2) before Ranjit Singh (PW.10), who was then posted as SHO

Police Station Sarmathura. SI, Ranjit Singh (PW.10) deposed

before the Court that on 3.11.2003 when he was posted at Police

Station Sarmathura, Gunna Meena (PW.2) appeared before him

and had presented written report to him. It will be apposite here to

reproduce the English translation of written report (Ex.P.1), as

under :-

“To

SHO sahab,

Police Station Sarmathura.

Sir,

It is submitted that I am a resident of Manpura. Today on

3.11.2003 at about 10:00 PM, I after having taken my dinner was

preparing to retire for sleep, then Nihala, Narain Singh s/o

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Gansibbu, Sriniwas son of Narain Singh, Atra son of Nihal Singh,

caste Meena resident of Deewanpura, and Ramji s/o Lalaram caste

Meena resident of Manpur and Shiv Singh Meena resident of

Paveni, came. Nihal Singh was armed with a country made pistol,

whereas others were armed with guns. All started giving abuses. I

restrained them not to abuse. Due to fear I was going inside my

house and my wife Bhanwarpati was close to the door. Then Nihal

fired a gunshot which abrasing my left armpit and rib, had hit my

wife Bhanwarpati at the chest. My wife died at the spot. Hearing

noise of gunshots and the cries my brother Mangilal and nephew

Ramlakhan came to the spot running. Seeing them, Nihal went to

the roof of my house. My brother caught hold of Nihal. Nihal in

order to commit murder, fired another shot at my brother Mangilal.

Thereafter scuffle ensued and accused alighted from the roof and

ran towards the jungle. I have brought dead body of my wife to

police station. I am presenting report. Legal action be taken.”

A perusal of the above written report reveals that all the shots

have been fired by Nihal. Though it is stated that other accused

also were armed with guns, no overt role is attributed to the present

two appellants.

Learned counsel for the appellants had filed an application

u/sec. 391 CrPC for placing on record subsequent judgment

whereby principal accused Nihal was tried and acquitted. Said

application was allowed by the coordinate Bench. A perusal of the

judgment rendered by the Trial Court subsequent to the conviction

of the present appellants reveals that Nihal was acquitted by the

Trial Court primarily for the reason that witnesses to the present

case have not deposed against Nihal. They