VIJAY KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5. 7. 1999 convicting the appellant Vijay kumar of offence under Sec. 302 I. P. C. and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-; in default of payment to further undergo six months rigorous imprisonment.

(2.) BRIEFLY stated the prosecution case is that on 04. 05. 1997 at about 6:30 PM PW-6 Ram Gopal, Incharge Police Station, Naya Shahar Bikaner received an anonymous telephonic call informing of unnatural death of a person in the hospital. He made an entry of the information in the rojnamcha and proceeded to P. B. M. Hospital, Bikaner. At about 7:30 PM he recorded the statement of PW-4 Sanjay Srivastava an eye witness of the incident vide Exhibit P-7. He stated that the alongwith his deceased brother Santosh had gone to purchase medicine for her mother who was suffering from headache. While they were returning, PW-1 Vinod also joined them. All the three proceeded towards their house on bicycle. When they reached infront of the house No. 03/427 and near the park abruptly the accused Vijay Parihar appeared from the opposite direction. He took out a knife from the pocket and plunged in the chest of his brother Santosh. He catch hold the accused Vijay Parihar and send PW-1 Vinod to call his father from residence. However, the appellant succeeded in getting released from his grip and ran away with the knife. There was profuse bleeding. Santosh was taken to the P. B. M Hospital where he was declared dead. Giving the background of the incident he stated that in the morning a verbal altercation took place between appellant and his deceased brother with respect to flying of kite. He intervened and separated them. While leaving he gave threat of life to Santosh. On the basis of the statement Exhibit P-7, the First Information Report Exhibit P-10 was registered at 8:15 PM for offence under Sec. 302 I. P. C. The police reached on the spot and prepared the site plan. The inquest was prepared and dead body was sent for post mortem. The appellant was arrested on 04. 05. 1997 vide Exhibit P-14. In pursuance of the information given by him, a blood stained knife and blood stained cloths were recovered. After usual investigation police laid chargesheet against the appellant for offence under Section 302 I. P. C.

(3.) THE entire case rests on the testimony of PW-4 Sanjay Srivastava. He is the real brother of the deceased. he stated that on the fateful day at about 6:00 PM his mother complained of headache, therefore, he alongwith his deceased brother Santosh went to the medical store in Sector No. 2 for purchasing medicine. While returning on way PW-1 Vinod also joined them. When they reached at Sector No. 3 near the park in front of the house No. 3/427 appellant Vijay abruptly appeared from the opposite direction. he took out knife from the pocket and plunged in the chest of Santosh. he ran a little and fell down. He caught hold of accused and asked PW-1 Vinod to call his father. His father alongwith his mother and Mohd. Shabir arrived at the spot. THE appellant Vijay Kumar just gave him a jerk and got released from his grip. He ran away with the knife. He brother was lying unconscious. THEre was profuse bleeding. he along with his father took him to the hospital in a taxi. THE doctors declared him dead. Police also reached at the hospital and recorded his statement Exhibit P-7. THEre is a lengthy cross examination. We have carefully read the entire cross examination with the help of the learned counsel. Nothing material has been pointed out to discredit the testimony of this witness. His presence on the spot is natural. THEre is no reason why he should falsely implicate the appellant Vijay Kumar. THE testimony of this witness cannot be discarded only for the reason that he is real brother the deceased. His statement has been recorded within an hour of the incident. He has given all the details of the incident in Exhibit P-7. We have no doubt in our mind that he is a witness of sterling worth.