VINOD KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals are preferred to challenge the judgment and order dated 1/5/2003 passed by learned Additional Sessions Judge (Fast Track), Churu convicting the accused appellants for the offence punishable under Section 302/34 IPC,

(2.) THE trial court after recording the conviction aforesaid, sentenced the appellants to undergo rigorous imprisonment for life term with a fine of Rs.500/- and in default to payment of the same further to undergo three months' simple imprisonment. As per the prosecution, on 13/6/2002 at 11:30 PM, the Station House Officer of Police Station Kotwali, Churu recorded 'parcha bayan' (Ex.P/12) of Shri Noratmal son of Ramlal stating therein that at about 10:00 PM of the same day when he along with Salim, resident of Rajaldesar was sitting at the stairs of Shyam Hall, Vinod son of Surajbhan Brahman and Paharia son of Dungar Bhaat came with knives and then Vinod put him down and gave a knife blow on his chest. Paharia gave a knife blow at the thigh of his left leg.

(3.) AS per learned Public Prosecutor the grievous injuries given by the accused persons at the vital parts of the body of deceased Noratmal clearly establishes that the accused persons were intending to give such blows those may cause death. Considered the arguments advanced by learned counsels and also examined the record. AS per the 'parcha bayan' Ex.P/12, Noratmal stated that Vinod gave him a knife blow at first instance on his chest and then at his back and in the meanwhile one knife blow was given at the thigh of his left leg by accused Paharia. At the time of incident as per the Ex.P/12 Salim was with Noratmal and subsequently his maternal Uncle Vinod etc. came and brought him to hospital. The term used "etc." in Ex.P/12 is quite important.