VINOD KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant Vinod Kumar S/0 Shukli Ram has preferred this appeal challenging his conviction and sentence recorded by Additional District & Sessions Judge (Fast Track) No.2, Bharatpur in Sessions Case No.11/2002 vide the impugned judgment and order dated 25th September, 2002, whereby he has been convicted and sentenced under Section 302 IPC to imprisonment for life and a fine of Rs.500/-; in default of payment of fine to further undergo two months' additional rigorous imprisonment. 2 DB Cr.Appeals No.1565/2002 Vinod Kumar vs. The State of Raj.

(2.) Briefly stated the facts of the case are that a typed report (Ex.P1) was lodged by P.W.1 Ramesh at Police Station, Nadbai on 14.3.2002 at 5:15 PM alleging inter alia that on that day in the noon at about 12 O' Clock, Vinod S/o Shukli @ Ramchand came to his brother Suresh's Barber shop situated at Halena Road, Nadbai and thereafter started quarreling with his brother Suresh by abusing him. It was further alleged that accused Vinod inflicted a number of blows by scissors (used for cutting hairs) in the stomach of Suresh, as a result of which, Suresh while screaming fell down on the ground with profuse bleeding. The occurrence has been seen by Kaushalendra and Gheesa. On hearing the screams of Suresh, he and other persons also reached at the place of occurrence but the accused Vinod ran away. Thereafter, he took his brother for treatment to Government Hospital, Bharatpur, where he was declared dead by the doctor.

(3.) On the basis of above information, a case No.131/2002 was registered under Section 302 IPC. Chalked F.I.R. (Ex.P2) was registered and investigation commenced. 3 DB Cr.Appeals No.1565/2002 Vinod Kumar vs. The State of Raj. Autopsy of the dead body of Suresh was conducted by Dr.B.L.Meena (P.W.15). Accused Vinod was arrested on 15th March, 2002 at 8:45 PM.