NARESH AND ORS. Vs. STATE

JUDGEMENT

(1.) NARESH and his brother Sanjay stand convicted for murder of Lakhpat @ Babu and for causing simple injuries to Bhagwan Dass (PW -2) and Mohan Dass (PW -6) in an occurrence on 28th September, 1990 at about 5:30 p.m., vide judgment under challenge dated 29th November, 1999 arising from the charge -sheet filed in FIR No. 285/1990, P.S. Nand Nagari. By order of sentence dated 30th November, 1999, the appellants have been sentenced to imprisonment for life, fine of Rs.5000/ - each and in default, to undergo simple imprisonment for six months for the offence under Section 302 read with Section 34 of the Indian Penal Code, 1860 ('IPC', for short). The appellants have also been sentenced to undergo rigorous imprisonment for six months each, fine of Rs.500/ - and in default to undergo simple imprisonment for two months for the offence under Section 323 read with Section 34 IPC. Charan Singh, father of the two appellants, was also charge -sheeted, but had died during the trial.

(2.) WE have heard learned counsel for the appellants and the learned Addl. Public Prosecutor for State. The learned counsel for the appellants has urged that there is big divergence between the facts mentioned in the FIR No. 285/1990 (Ex.PW -8/A), brief facts of the case (Ex.PW -13/J) and the death report of Lakhpat (Ex.PW -13/M) on one hand, and the court testimonies of Bhagwan Dass (PW -2) and Mohan Dass (PW -6) on the other. It is highlighted that the dissimilarity is due to the post -mortem report (Ex.PW -14/A) which opines that the cause of death was not the wound or injury on the head but a punctured wound on the back side of the chest of Lakhpat, whereas the FIR (Ex.PW -8/A), brief facts (Ex.PW -13/J) and the death report (Ex.PW -13/M) do not mention the said injury. Further, the knife (Ex.P -2) could not have caused the said punctured wound. The wound on the back side of the chest, it is submitted, could have been accidently caused by any sharp object like a nail lying on the street as the deceased had fallen down during the quarrel and grappling. The MLCs of the appellants who were also injured have not been brought on record. Some other discrepancies asserted, will be dealt with while examining the testimony of the eye -witnesses.

(3.) THE core issue which arises for consideration is somewhat different. The FIR (Ex.PW -8/A) was recorded on the basis of the statement of Mohan Dass (PW -6). The English translation of the said statement (Ex.PW -6/L) reads as under: