RAJ KUMAR ALIAS PAPPU Vs. STATE

JUDGEMENT

(1.) THE deceased, Narain, unfortunately lost his life on account of the assault by the appellants arising from a minor issue of the deceased's foot having fallen in the Nali due to which some muddy water was splashed on one of the appellants - Gaj Raj Singh resulting in the conviction of the appellants under section 302 read with Section 34 of the IPC in terms of impugned judgment dated 20. 5. 1996. The appellants were sentenced to undergo life sentence along with fines as per the impugned order of sentence dated 24. 10. 1996.

(2.) THE case of the prosecution is that Pratap PW-3, Ashok Kumar PW-9 and the deceased had come from the marriage of his friend's sister Sohan Lal at gaushala Road for purchasing cigarette for the deceased. The three persons reached Vijay Tea Stall where all the four appellants were standing. The deceased's foot fell into a Nali due to which muddy water got splashed on Gaj raj Singh one of the appellants. On this Gaj Raj Singh stated "dekh Kar Nahi Chal Sakta". This resulted in hot words being exchanged inter se the parties at which Chattarpal, one of the appellants, incited other co-apellants to teach a lesson to the deceased. PW-3, PW-9 and the deceased had barely moved four paces when all the four appellants attacked the deceased. The appellant Raj Kumar was wielding a kirpan, Gajraj a hockey, Chattarpal Singh a Saria while Bharat Bhushan attacked the deceased with Soda Bottle. PW-3 told PW-9 to rush to the marriage spot and call persons. But by the time PW-9 returned, the appellants had run away from the spot. The deceased was taken to the hospital where the doctor declared him brought dead.

(3.) THE prosecution case has been proved primarily by the two eye-witnesses, pw-3 and PW-9, coupled with the medical evidence of Dr. P. C. Dixit, PW-20, who conducted postmortem on the dead body and proved his report PW-20/a. In the opinion of the PW-20, injury No. 10 caused with Kirpan was sufficient in the ordinary course of nature to cause death. The recovery of the weapons, being the Kirpan and hockey stick, was effected at the behest of Gaj Raj.