DINESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Additional Sessions Judge (Fast Track) No.1, Udaipur, by judgment and order dated 24.8.2004, convicted accused appellant for the offences punishable under Sections 302/34 Indian Penal Code and 4/25 Indian Arms Act and also sentenced as under:- U/s.302 IPC : Life imprisonment with a fine of Rs.2000/- and in default of payment of fine, further to undergo two months' simple imprisonment. U/s.4/25 Arms Act : Two years' rigorous imprisonment with a fine of Rs.2000/- and in default of payment of fine, further to undergo two months' simple imprisonment.

(2.) Briefly stated, case of the prosecution is that on 7.3.2004 at about 09:00 AM, PW-1 Prakash orally reported at Police Station Jhadole that on the eve of Holi festival, in the evening of 6.3.2004 a dance programme with drum beating was organised and in the programme aforesaid he, Shankarlal, Dinesh, Roopa etc. were beating the drums. At about 09:00 PM, when Shankar was beating the drum he had an incidental push with Dinesh that resulted into bleeding from nose of Dinesh. This made Dinesh and Roopa annoyed and they indulged in quarrel with Shankar. Shankar tried to run away from the spot but he was chased by Roopa and Dinesh and at a seasonal flow they caught hold of Shankar. After some heated discussions Roopa caught hold of Shankar and Dinesh gave a "chhuri" (knife) blow on the chest of Shankar, consequently, he fell down and died at the spot. Dinesh and Roopa then immediately fled from the spot by carrying the weapon of offence with them.

(3.) On basis of information aforesaid, a case was registered, investigation was made, the accused persons were charge sheeted and the case was committed to the court of Sessions.