ARVIND @ PINTU & ORS Vs. STATE

JUDGEMENT

(1.) Appellants challenge the impugned judgment September 20, 2010 convicting them for the offence punishable under Sections 302/34 IPC and the order on sentence dated September 23, 2010 directing them to undergo imprisonment for life and to pay a fine of Rs. 5,000/- and in default of payment of fine to undergo Rigorous Imprisonment for one year each.

(2.) DD No.33A received at 10.10 PM on December 12, 2008 sprung the police into action. The information was that "at 65 foota road near transformer, Water Tank Arvind @ Pintu and Somnath @ Putli along with two-three persons are stabbing Netrapal @ Nishta with knives repeatedly in order to take his life and police be sent". HC Shripal PW-3, who was assigned this information, reached the spot. Injured Netrapal had already been taken to the hospital by his brother Babu Ram PW-1. At the spot he met Firoz PW-6 and recorded his statement as under:

(3.) On the basis of this statement, a case under Section 307/34 IPC was registered. MLC of injured Netarpal @ Mithan was collected. Injured was declared 'brought dead' by the concerned doctor. Offence u/s 307/34 IPC was converted into Section 302/34 IPC. Statement of Babu Ram PW-1 brother of the deceased and the eye-witness was also recorded.