RAJESH Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 04.12.2004, appellants, Rajesh, Sanjay and Amit, have been convicted for the offence of having murdered Sat Parkash @ Santosh (herein after referred to as the Deceased), for which offence they have been sentenced to undergo imprisonment for life and pay fine in sum of Rs.1,000.00 each; in default to undergo rigorous imprisonment for one year. Additionally, the appellants have also been convicted for the offence of having attempted to murder Mohd.Safiq, for which offence they have been sentenced to undergo rigorous imprisonment for a period of five years and pay fine in sum of Rs.500.00 each; in default to undergo rigorous imprisonment for a period of six months.

(2.) CASE of the prosecution is that on 04.12.2002 the appellants went to the shop of Rampher PW-3, where they quarrelled with Rampher and his brother-in-law Sant Lal PW- 17, and stabbed Sant Lal. On 09.12.2002 at about 01.30 P.M. armed with knives and danda the appellants again came to the shop of Rampher to take revenge as they were nursing a grudge against Rampher and his family. The deceased, who was the brother-in-law of Rampher was present in the shop at that time. The appellants gave several knife and danda blows to the deceased. At the time when the appellants were attacking the deceased, Mohd.Safiq PW-10, tried to save the deceased from the clutches of the appellants upon which the appellants inflicted injuries upon the person of Mohd.Safiq. The appellants fled from the place of the incident after causing serious injuries to the deceased and Mohd.Safiq. The deceased and Mohd.Safiq were removed to the hospital where the deceased was declared brought dead. Mohd.Safiq was given treatment and he survived. Rampher PW-3 and Ram Prakash PW-4 witnessed the appellants attacking the deceased and Mohd.Safiq PW-10.

(3.) PROCESS of criminal law was set into motion when at around 01:55 P.M. on 09.12.2002, DD Entry No.17A, Ex.PW- 1/B, was recorded by ASI Pritam Singh PW-1, to the effect that a wireless information has been received from HC Ishwar Chand informing that a quarrel had taken place near fire station at Ravidas Marg and that one person who has been stabbed has been removed to the hospital.