JHINKAN @ RAM LAKHAN Vs. STATE
LAWS(ALL)-2018-1-679
HIGH COURT OF ALLAHABAD
Decided on
January 24,2018
Jhinkan @ Ram Lakhan
Appellant
VERSUS
STATE
Respondents
Referred Judgements :-
MACHHI SINGH V. STATE OF PUNJAB [REFERRED TO]ABDUL SAYEED V. STATE OF MADHYA PRADESH [REFERRED TO]
YOGESH SINGH V. MAHABEER SINGH [REFERRED TO]
RAMESHWAR S O KALYAN SINGH VS. STATE OF RAJASTHAN [REFERRED TO]
DALIP SINGH VS. STATE OF PUNJAB [REFERRED TO]
RAMLAGAN SINGH VS. STATE OF BIHAR [REFERRED TO]
MALKHAN SINGH VS. STATE OF UTTAR PRADESH [REFERRED TO]
APPABHAI VS. STATE OF GUJARAT [REFERRED TO]
BONKYA ALIAS BHARAT SHIVAJI MANE OTHERS VS. STATE OF MAHARASHTRA [REFERRED TO]
BHAG SINGH GURMUKH SINGH VS. STATE OF PUNJAB [REFERRED TO]
MOHAR VS. STATE OF UTTAR PRADESH [REFERRED TO]
S SUDERSHAN REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
DINESH KUMAR VS. STATE OF RAJASTHAN [REFERRED TO]
ANNA REDDY SAMBASIVA REDDY VS. STATE OF ANDHRA PRADESH [REFERRED TO]
VISHNU VS. STATE OF RAJASTHAN [REFERRED TO]
BALRAJE ALIAS TRIMBAK VS. STATE OF MAHARASHTRA [REFERRED TO]
KURIA VS. STATE OF RAJASTHAN [REFERRED TO]
BALESHWAR MAHTO & ANR. VS. STATE OF BIHAR & ANR. [REFERRED TO]
JUDGEMENT
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(1.)This appeal assails the judgement and order of the Court of Sessions dated 17.5.1991 passed in Sessions Trial Nos. 7 of 1988 and 9 of 1988, whereby the sole appellant has been convicted for the offence punishable under Section 302 of the Indian Penal code, 1860 (for short, "IPC") for life imprisonment and under Section 25 of the Arms Act for which he is sentenced to undergo one year's rigorous imprisonment and one year R.I. under Section 27 of the Arms Act.
(2.)The brief facts of the case are; the P.W.-2 Indrasan was sitting with his brother Angad and his father P.W.-1 Banshoo in front of their house. At about 09:00 a.m. in the morning the appellant came to their house and invited Angad to have tea with him at Chamanganj crossing. At his request Angad victim accompanied him. They had hardly moved about one bigha distance when the P.W.-2 heard noise of discharge of a country-made pistol. Upon hearing P.W.-2 saw that the appellant had gunned down Angad by shooting him by his country-made pistol from a close range. The P.W.-1, P.W.-2, Prakash son of Vanshu, Ramdhani son of Fagu, Ramlakhan son of Nageshwar, Hawaldar son of Chhedi, Dayaram son of Harkhoo and others rushed towards the spot. Prakash after chasing the appellant to some distance nabbed the culprit, the appellant with pistol the weapon of crime.
(3.)In the scuffle the appellant hit Prakash by the butt of his pistol and caused injuries in Prakash's hand. All the persons, who assembled at the spot, brought Angad to the police station along with his pistol and the injured was sent to Basti for medical aid, where he succummed to his injuries on 21.10.1987 at 1.20 P.M.
(2.)The brief facts of the case are; the P.W.-2 Indrasan was sitting with his brother Angad and his father P.W.-1 Banshoo in front of their house. At about 09:00 a.m. in the morning the appellant came to their house and invited Angad to have tea with him at Chamanganj crossing. At his request Angad victim accompanied him. They had hardly moved about one bigha distance when the P.W.-2 heard noise of discharge of a country-made pistol. Upon hearing P.W.-2 saw that the appellant had gunned down Angad by shooting him by his country-made pistol from a close range. The P.W.-1, P.W.-2, Prakash son of Vanshu, Ramdhani son of Fagu, Ramlakhan son of Nageshwar, Hawaldar son of Chhedi, Dayaram son of Harkhoo and others rushed towards the spot. Prakash after chasing the appellant to some distance nabbed the culprit, the appellant with pistol the weapon of crime.
(3.)In the scuffle the appellant hit Prakash by the butt of his pistol and caused injuries in Prakash's hand. All the persons, who assembled at the spot, brought Angad to the police station along with his pistol and the injured was sent to Basti for medical aid, where he succummed to his injuries on 21.10.1987 at 1.20 P.M.
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