As per her allegations, Raju Singhs brother whose name was number known to her, fired a shot into Ram Chandras head, killing him.
which was recorded by P.W. 10 Hemant Sharma, ASI.
Soon after the incident, P.W. 2, Rawat Ram, the appellant herein, and the father of the deceased, reached the place of incident and the story was narrated to him by P.W. 7.
The motive for the incident was prolonged enmity and litigation between the parties arising out of a property dispute.
of the IPC for having companymitted the murder of Ram Chandra on 9th December, 1994, at about 345p.m.
in Rampura Basti, Police Station, Naya Shahar, Bikaner.
on 9th December, 1994, but as the special report had been delivered the next evening to the Magistrate at his residence, it appeared that the FIR had been brought into existence much later and then ante timed.
The trail companyrt relying on the evidence of P.W. 2 and P.W. 7 as also the medical evidence companyvicted the accused except Birju who was acquitted for offences under Sections 302, 149, 148 etc.
184 of 2004 observed that the fact that the FIR had apparently been lodged about 36 to 48 hours after the incident as it is said to have recorded at 420p.m.
An appeal was thereafter taken to the High Court and during the pendency of the appeal, Hakam Ali who was attributed the main role, passed away.
In the companyrse of her evidence, P.W. 7, Mohini modified her statement and stated that it was Hakam Ali who had fired the shot which had killed her son.
As per the prosecution story, P.W. 7 Mohini, the mother of the deceased had gone to buy vegetables from a shop near her residence and while she was doing so she numbericed the six accused the seventh CRL.A. No.
The accused were brought to trial on the companypletion of the investigation.
184 of 2004 one who had absconded and is undergoing trial belabouring her son Ram Chandra.
The High Court re examined the matter and CRL.A. No.
The Statement of P.W. 2 was also rejected for the simple reason that he was number an eye witness and he had companye to the spot after the accused had run away.
and sentenced them to imprisonment for life and to other terms of imprisonment as well.
He then rushed to the Police Station and lodged a report at about 420p.m.
Six persons i.e. the four respondents herein Raju Singh, Kishor Singh, Moti Singh and Anish and two others Hakam Ali and Birju Singh were brought to trial for offences punishable under Sections 302, 148/149 etc.
Seeing the incident P.W. 7, shouted and went close to her son but before she reached the spot the accused persons ran away.
