PRAKASH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgment of Additional Sessions Judge No. 1, Udaipur, dated 23/08/1989. He has convicted the accused-appellant Prakash Chandra for offence under Ss. 302, 324 and 341, IPC and sentenced him to life imprisonment and a fine of Rs. 1,000.00, in default of payment of fine to further undergo one year's rigorous imprisonment on the first count, six months' rigorous imprisonment on the second count and one month's simple imprisonment on the third count respectively. The accused-appellant Radheylal was convicted for offence u/Ss. 307, 341 and 324, IPC and sentenced to five years' rigorous imprisonment and a fine of Rs. 500.00, in default of payment of fine to further undergo three months' rigorous imprisonment on the first count, one month's simple imprisonment on the second count and six months' rigorous imprisonment of the third count respectively. The accused-appellant Shantilal was convicted for offence u/Ss. 307 and 341, IPC and sentenced to five years' rigorous imprisonment and a fine of Rs. 500.00, in default of payment of fine to further undergo three months' rigorous imprisonment on the first count and one month's simple imprisonment on the second count respectively. The substantive sentences of all the accused-appellants on each count were ordered to run concurrently.

(2.) Relevant facts leading to this appeal are that on 20/09/1984 at about 9/10 p.m. one Dhan Singh lodged a report in writing at police station, Dabok alleging that on 20/09/1984 at about 9.45 p.m. Girwar Singh, Sambhoo Singh and informant Dhan Singh were coming from Udaipur to Dabok on a scooter. Just before reaching Dabok near barrier on the National Highway they saw that Prakash, Ladu alias Radheylal, Shantilal and Shanker Harijans and one another person named Salim were standing. It was further alleged that all the accused persons were armed with various weapons. Prakash Harijan had a dagger like weapon, while Ladu and Shantilal had swords with them. The accused persons waylaid them and threw down the scooter by pushing it. It was then alleged that first of all Prakash gave a blow by the weapon like dagger on the chest of Girwar Singh. Thereafter Ladu gave a sword blow on the head of Dhan Singh. Shantilal gave a sword blow on the neck of Shambhoo Singh. The beating continued for about 5/7 minutes. On hearing hue and cry Raju Tailor and Sujan Singh also came there. They witnessed the incident. Dhan Singh also received an injury by sharp edged weapon on his left hand. Thereafter, it is said that all the three persons ran away and Dhan Singh went to police station. He did not know as to where Shambhoo Singh and Girwar Singh had gone. The cause of incident was alleged to be previous enmity. On receipt of this information a case for offence u/Ss. 307, 147, 148, 326 r.w. S. 149, IPC was registered. The police reached the spot at about 9.45 p.m. and the place of incident was cordoned at once and a constable was deployed to guard the place. Accused Prakash Chandra, Radheylal and Shanker were arrested at about 11.00 p.m. The place of occurrence was inspected again on the next morning i.e. 21/09/1984 at 9-30 a.m. The site plan and the memo thereof was prepared which is Ex. P. 3. It was noticed that the house of accused-appellant Prakash Chandra was about 20 feet from the place of occurrence. At the place of occurrence police found several articles spread over which included one pair of slippers, one Madaliya, broken pieces of lakh bangles, one shoe with chain, one stitch button, one white button of a shirt, one broken torch etc. It is pertinent to mention that neither a scooter nor a motor-cycle was found. Blood stains were found at the place of occurrence on the road in 5/6 feet area. One more shoe with chain was found at a distance of 28 feet from the place of occurrence. Blood stains were also found near the boundary of Janta College which were 38 feet away from the place of occurrence. Dead-body of Girwar Singh was found in South-East of the place of occurrence at about 350 feet away behind Agarwal Hostel. The police prepared panchnama of the dead-body of Girwar Singh and injuries on the left arm and fingers with sharp edged weapon and one fatal injury on left side of the chest on the person of deceased were shown therein. Post-mortem of the corpse was got conducted and the following injuries were found by Dr. Bhatnagar on the dead-body of deceased Girwar Singh :

(3.) After completion of investigation charge-sheet was submitted against Prakash Chandra, Radheylal, Shanker, Shantilal and Saleem for various offences in the Court of learned Magistrate. They were committed to Sessions and were tried by Additional Sessions Judge No. 1, Udaipur. The learned Additional Sessions Judge read over the charges for offence under Sections 148, 341, 302, 307/ 149 and 324 IPC to accused Prakash Chandra and rest of the accused were charged for offence under Sections 307 read with S. 149, IPC inter alia other charges. The accused pleaded not guilty to the charges and claimed to be tried. The accused Saleem expired during the pendency of the trial; hence proceedings were dropped against him. The prosecution examined 20 witnesses in support of its case.