SHIV RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned Counsel (Amicus Curiae) appearing for the Appellant and learned Counsel for the State. This appeal by special leave challenges the judgment and order dated 6.12.2005 of the High Court of Rajasthan, Jaipur Bench at Jaipur in D.B. Criminal Appeal No. 419 of 2001 urging various legal contentions.

(2.) According to the prosecution, one Tej Prakash was done to death on 29.2.2000 at 8.10 p.m. The reporting of the occurrence was done by Ramesh Chander, PW -4, the brother of the deceased Tej Prakash. The first information report narrated the incident as under:

(3.) The prosecution examined Ramesh Chander as PW -4 and Maliram as PW -5. These two witnesses, in their deposition in the Court have referred to the fact that they had reached the place of occurrence soon after the incident. They had found Tej Prakash seriously injured and said Tej Prakash, in a low voice could utter the name of one of the assailants viz., that the of the present Appellant. The other two witnesses i.e. PW -9 and PW -10 further submitted that they had also independently reached the place of occurrence and that said Tej Prakash had given out names of three assailants viz., that of the aforesaid three accused persons, who were being tried. The medical evidence was unfolded through Dr. B.R. Baiwa, PW -16, who found the following injuries on the dead body of Tej Prakash: