RAJPAL Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment and Order on Sentence dated 14-1-2000 whereby the appellants Rajpal and Ramesh Kumar were convicted under Section 307 of I. P. C. read with Section 34 thereof and were sentenced to undergo rigorous imprisonment for five years each and to pay fine of Rs. 2,000/- each or to undergo simple imprisonment for six months each, in default.

(2.) The case of the prosecution, as disclosed in the FIR is that one Kalawati, mother of the appellants who was also a co-accused with them and was acquitted by the learned Additional Sessions Judge was a tenant under complainant Brahmdev Gupta in respect of house No. Q-10, Gali No. 10, Brahmapuri. Civil litigation was going on between the complainant and Kalawati and there was a quarrel on the day previous to the day of this incident, when the appellant Rajpal tried to take possession of some open portion of the house, on 23rd May, 1993, when the complainant entered the house, on being instigated by Kalawati, the appellant Rajpal gave danda blow on the fingers of his right hand and Kalawati herself gave danda blow on his head which he averted. Thereafter, Kalawati asked Ramesh to stab him. Rajpal caught hold of him from behind and Ramesh stabbed him on the right side of his abdomen and when he tilted in order to save himself, the knife injured right side of his abdomen.

(3.) During trial the injured came in the witness box as PW-2 and stated that on 23- 5-93 at about 9.30 a.m. when he came after purchasing milk, Kalawati said 'Maaro Saale Ko' and catch him. Rajpal caught hold of him while Ramesh stabbed him with knife on the right side of his abdomen. He raised alarm as a result of which his son Ram Prakash saved him. The appellants then ran away and he was taken to hospital by his son.