KALU @ RAJINDER Vs. STATE

JUDGEMENT

(1.) The present Criminal Appeal challenges the impugned judgment dated 03.01.2014 and order on sentence dated 10.01.2014 in Sessions Case no.06/13 whereby the learned Trial Court convicted the appellant herein under section 302 of the Indian Penal Code (in short 'IPC') and sentenced him to undergo Rigorous Imprisonment for life and also imposed a fine of Rs. 1,000/- in default of which he was to further undergo Simple Imprisonment for six months.

(2.) Before proceeding with the case of the prosecution we would like to mention that the appeal of the co-accused Ajit @ Bhure (Criminal Appeal 958/2010), who is the brother of the appellant herein and Ravi Kumar (Criminal Appeal 1051/2010), who is the neighbour of the appellant herein were dismissed by a Division Bench of this Court on 16.10.2014. Appellant had absconded and was declared a Proclaimed Offender on 26.06.2009. Appellant was arrested later on and put to trial after filing of supplementary charge sheet and was convicted by the Trial Court by the impugned judgment.

(3.) The case of the prosecution is that on 11.01.2009 a quarrel took place between accused Ajit @ Bhure, who is the brother of the appellant and the deceased Rishi Pal. In this incident the deceased suffered two simple incised wounds on the index and middle finger of his right hand. Next day on 12.01.2009 at around 6:30 PM the deceased Rishi along with Mukesh @ Mukki (PW-1) went to Ajit @ Bhure's house because Ajit's parents had called Rishi Pal to their house. While Rishi Pal was talking to Ajit's father Madan Pal, there Ajit, appellant, his neighbour Ravi and one more boy (whose identity could not be established) came to the spot. Ajit @ Bhure had a knife in his hand and exhorted to the other accused to catch hold of Rishi Pal and kill him. Then Ravi, Kalu and the unidentified boy caught hold of Rishi Pal and Ajit @ Bhure inflicted several knife blows on the deceased. All the accused then took the deceased to the side of the road and ran away after leaving the deceased in a pool of blood there.