(1.) These Criminal Appeals are filed by the appellants/accused challenging the legality and correctness of the judgment and order of conviction and sentence dated 18-8-1989 passed by the Rajasthan High Court for an offence punishable under Sections 302, 302/34 IPC. Since these appeals arise out of a common judgment of the Courts below they are being disposed of by this judgment.
(2.) The prosecution story as unfolded at the trial is as under:- Cheturam (since deceased) was a resident of Kota and was running a kerosene shop in a log cabin near the bus stand. On 6-3-1987 while he was sitting in his shop, his three other friends, namely, Suresh Kumar (P.W.5), Farid (P.W.7) and Ashok Kumar (P.W.9) had come to his shop and they were talking with each other. Suddenly Ashanand (A-1), Mohan Singh (A-2) and Cheetar Singh (A-3) came on a motor cycle which was driven by A-1. They stopped the motor cycle near the log cabin of Cheturam. A-1 who had a plastic mug containing acid threw it on Cheturam who sustained burn injuries and fell down. A-2 and A-3 thereafter assaulted Cheturam with the knives. A-1 also assaulted Cheturam with the knife. Because of this murderous assault Cheturam sustained the acid and bleeding injuries and became unconscious. All the three accused then fled away. Farid (P.W.7) and Ashok Kumar (P.W.9) hired an autorickshaw and carried Cheturam to M.B.S. Government Hospital, Kota. Medical Officer on duty declared Cheturam dead. Ashok Kumar (P.W.9) then proceeded to the police station, Guman-pura and submitted the written report Ex. P-16 at 6.30 p.m. about the incident. The FIR Ex. P-17 came to be registered and the Station House Officer, Samarath Singh (P.W.11) deputed some constables to the place of incident. He himself reached the place of occurrence at about 8.00 p.m. Since it was dark he did not carry out further investigation during the night. He then went to the hospital and verified about the death of Cheturam. On 7th March, 1987 he proceeded to the place of occurrence and carried out further investigation. During investigation A-1 was arrested on 8-3-1987, whereas A-2 was arrested on 14-3-87 and A-3 came to be arrested on 17-6-87. Dr. Manmohan Singh (P.W.2) held that autopsy on the dead body and noticed as many as 9 incised and acid burn injuries on the dead body of Cheturam. After completing the investigation all the three accused were put up for trial for the offence of committing murder of Cheturam punishable under Sections 302/34 IPC.
(3.) All the three accused denied the allegations levelled against them and claimed to be tried. According to them Cheturam might have been assaulted by some terrorists but they have been falsely implicated in the present crime. A-1 and A-3 in their statements recorded u/S. 313 Cr. P.C. had stated that the acid injuries on their persons were caused due to the accidental fall of a battery which they were trying to take out from the jeep bearing Registration No. RJF 3031. All the three accused pleaded that they are innocent and they be acquitted.