CHANDRA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 27.11.2003 learned Additional Sessions Judge (Fast Track) No.1, Uadipur convicted the appellant for the offences punishable under Section 302, 379/34, 323 IPC and 4/25 Indian Arms Act. The accused appellant on conviction as above for offence under Section 302 IPC was sentenced to undergo life term of imprisonment with a fine of Rs. 1000/-, and further to undergo six months rigorous imprisonment in the event of default in payment of fine. For the offences punishable under Section 379/34 and 323 IPC the accused appellant was sentenced to one year rigorous imprisonment and six months rigorous imprisonment respectively. For the offence punishable under Section 4/25 Indian Arms Act, the appellant was sentenced to undergo one year rigorous imprisonment with a fine of Rs. 1000/- and, further to undergo three months' rigorous imprisonment in the event of default in making payment of fine.

(2.) As per prosecution an information was received at police station Bhopalpura from Control Room on 27.2.2002 at 12.45 pm that some quarrel was going on near Gurunanak School and a person has stabbed somebody. On receiving this information police squad reached at the spot of occurrence, where a man was under custody of so many lay persons. The man aforesaid disclosed his name as Chandra Prakash @ Pillu. It came into knowledge of the police squad at the spot that Chandra Prakash @ Pillu stabbed a man namely Raj Kumar @ Raju, who was taken to the hospital. A team of police personnel with Jagaram proceeded for hospital and in the meantime Chandra Prakash was also taken to the Shastri Circle where an another man namely Abdul Salim was caught by Bhanwarlal, a Traffic Constable. Both these persons then were taken to Bhopalpura police station. An oral information then was recorded at the instance of Khemraj Joshi (PW-13) stating therein that Khemraj, his wife Santosh and son Raj Kumar @ Raju came to the court to attend some case and while returning to home they hired a Vikram Tempo, wherein three young persons too boarded. One from among the three persons picked a sum of Rs.2010/- from the pocket of Khemraj and tried to flee from there. Two persons were caught by Khemraj, however, one among them gave a punch to him and fled from the spot. Another person was under control of Khemraj, and thus, he was handed over to a traffic policeman present there. Name of the person caught by Khemraj was Salim resident of Indore. The other person was chased by Raj Kumar @ Raju and Smt. Santosh. After running some time that man gave a knife blow to Raj Kumar, however, Raj Kumar and Santosh continued chasing and ultimately caught him. The man aforesaid then gave some more knife blows to Raj Kumar, thus, he was taken to the hospital. The assailant was caught by general public and then on reaching the police squad the man aforesaid disclosed his name as Chandra Prakash @ Pillu resident of Kota. During course of treatment Raj Kumar @ Raju died.

(3.) On basis of the information aforesaid a case was lodged, investigation was made, the case being exclusively triable by the court of sessions was committed to it and charges were framed against the accused-appellant as well as the co-accused Abdul Salim. The accused appellant was charged for the offences punishable under Section 302, 379/34, 323 IPC and 4/25 Indian Arms Act. Accused Abdul Salim was charged for commission of an offence punishable under Section 302 read with IPC. Both the accused persons denied the charges, thus, they were tried. Co-accused Abdul Salim was enlarged on bail during course of trial and while availing that he absconded and as such the court below tried the present accused appellant only while keeping the mater pending against the accused Abdul Salim as prescribed under Section 299 Cr.P.C.