HANSMUKH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals are arising out of the judgment dated 29.3.2003 passed by learned Additional Sessions Judge (Fast Track), Jodhpur, whereby the accused appellants were convicted for the offences punishable under Sections 302 and 302/34 Indian Penal Code. Both the accused suffered with a sentence of imprisonment for life term with a fine of Rs.2000/- each and further to undergo three months rigorous imprisonment in event of default in making payment of fine.

(2.) Briefly stated, case of the prosecution is that on 5.11.2002, PW-5 Gautam Singh submitted a written report (Ex.P/1) at Police Station Chopasani Housing Board, Jodhpur, stating therein that at about 09:30 PM of the same day his sister Tripti with a neighbour Sarita was firing crackers, then accused Kailash came out from House No.8/334 and started uttering nonsense. Accused Kailash then proceeded to his way, however, hearing the noise, his brother Hansmukh came out and he started uttering nonsense to the girls. Looking to the fresh utterance Kailash returned and he too indulged himself with hot utterance at the spot. During this course Kailash brought two chisels from the house under instructions of Hansmukh. One Tulsidas, who was present at the spot, tried to calm down the brothers, however, Hansmukh gave a chisel blow on neck of Tulsidas and at that time Kailash was holding Tulsidas by hands. Another neighbour Murli was also present at the spot. Tulsidas then was taken to hospital, but he died.

(3.) On basis of the information aforesaid a case was lodged, investigation was made, challan was filed, case was committed to the court of Sessions and accused Hansmukh was charged for commission of offence under Section 302 and Kailash for offence under Section 302/34 IPC. On denial of the same they were tried.