ANOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.9.1997 passed by the Additional Sessions Judge No. 1, Bhilwara convicting the accused appellant of offence under Sec. 302 Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000./- and in default of payment of fine to further undergo three months imprisonment. He has also been convicted under Sec. 324 Penal Code and sentence to six months simple imprisonment and to pay a fine of Rs. 500.00 and in default of payment of fine to further undergo 15 days simple imprisonment.

(2.) The briefly stated prosecution case is that police constable Jai Singh submitted written First Information Report exhibit P/1 at police station Pratapnagar, Bhilwara on 1.12.1993 stating inter alia that he alongwith Radhpshyam and Shokat Khan had gone in search of tempo driver Laxman Singh and his companion as they were required in FIR No. 308/93. He found them sitting in the Hotel known as Guruji ki hotel. The tempo of Laxman Singh bearing No. RJH-2302 was parked outside the hotel. He asked Laxman Singh to come out. Laxman Singh, Anop Singh and one of his companion came out abusing the constables and tried to escape. However, he alongwith other constable surrounded them on which the Laxman Singh gave blow to constable Radheshyam. Appellant Anop Singh caused injury to Jai Singh by a pointed sharp edge weapon. On account of the injury there was bleeding from the chin. Constable Radheshyam and Shokat Khan accosted appellant Anop Singh. It is alleged that Anop Singh gave a call of his companies Bherulal and Laxman Singh Radheshyam and Shokat Khan grappled with the appellant. It is further alleged the Anop Singh inflicted injury on the neck of constable Radheshyam by the same sharp edged weapon. On this information, police registered a case for offence under Secs. 307, 353B, 332 Penal Code and proceeded the investigation. Radheshyam was taken to the hospital, where he died on 2.12.1993. Thus offence under Sec. 302 Penal Code was added Police prepared the inquest and send the dead body for postmortem. After usual investigation, police submitted challan against the appellant and two others for the offence under Secs. 302, 307, 353, 332 and 333 read with 34 IPC.

(3.) The appellant denied the charge levelled against him. The prosecution in support of his case examined 26 witnesses. The appellant in his statement under Sec. 313 Crimial P.C. denied the correctness of the prosecution witnesses appearing against him. The Trial Judge, acquitted Laxman Singh and Bherulal, however, convicted and sentenced Anop Singh as noticed above.