MANJOR @ MOHD. SHARIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 3.9.1996, passed by the Sessions Special Judge, SC/ST (prevention of Atrocities) Cases, Jaipur, in Sessions Case No. 30/95, convicting and sentencing the accused appellant Manjar alias Mohammad Sharif, under section 302 IPC, to suffer life imprisonment and a fine of Rs.1,000.00 in default to further undergo three months simple imprisonment.

(2.) The prosecution story begins with a telephonic message passed by PW6 Mahesh Chand Sharma, the then Sub-Inspector of Police Station Ramganj, Jaipur, to Police Station, Adarsh Nagar, Jaipur City, Jaipur. This telephonic message recorded by PW7 Satya Prakash, the then Head Constable, in Rojnamcha Ex.P/19A. According to which Mahesh Chand, Sub-Inspector, informed there that accused appellant Manjar son of Ajju inflicted knife blow to Shri Lalla sent to S.M.S. Hospital, Jaipur for treatment. Thereafter, PW10 Bhagwati Prasad, Incharge, Police Station, Adarsh Nagar, Jaipur, reached S.M.S. Hospital, Jaipur. PW3 Abdul Gafoor, father of Vakil Ahmad alias Lalla (in short 'Lalla') submitted a written report Ex.P/3 on 9.12.1994 at about 11.50 a.m. to Shri Bhawati Prasad PW10 in S.M.S. Hospital, with the averments that his son Lalla, who used to run a horse-cart, on 7.12.1994, at about 11.30 a.m. was coming from Lal Kothi Sabji Mandi, Jaipur, with vegetables loaded in his cart, on the road near the Sophia School and Kachra Basti, the accused appellant stabbed him with knife in abdomen and ran-away. Police personnels from Police Station Ramganj got him admitted in the hospital and Lala is not is a position to speak and is on oxygen. On this report, formal FIR No.292/94 under Sec. 307 and 324 Penal Code was registered. Thereafter Lala died on 14.1.1995, in the hospital. After usual investigation, charge-sheet came to be filed against the accused appellant and his father Ajij alias Ajju, and trial commenced. Learned trial Judge framed charge under Sec. 302 Penal Code against the accused appellant Manjar and under Sec. 302 read 34 Penal Code against accused Abdul Ajij alias Ajju. Both the accused pleaded not guilty and claimed trial. During the trial, twenty witnesses were examined on behalf of the prosecution. The accused were then examined under Sec. 313 Cr.RC. Both the accused pleaded innocence. No defence witness was examined on behalf of the accused.

(3.) After hearing the final submissions, the learned Special Judge, acquitted Abdul Ajij under Sec. 302 read with Sec. 34 Penal Code but convicted the accused appellant under Sec. 302 Penal Code and sentenced him as stated above. Hence the present appeal.