DEV CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 23.2.1998, passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases & Addl. Sessions Judge, Bikaner, in Sessions Case No. 60/96, convicting the accused-appellant for offence under section 302, Penal Code and sentencing him to imprisonment for life as also to pay a fine of Rs. 1000.00, in default of payment whereof to further undergo 2 months simple imprisonment. The accused-appellant was also convicted for offence under section 323, Penal Code and sentenced to one month's simple imprisonment.

(2.) The prosecution version in short is that on 20.6.1996 at 9:45 p.m. in Gangashehar, in front of house of the accused-appellant-Motilal aged about 32 yrs. was stabbed by the accused-appellant. Injured Motilal was immediately taken to hospital where he was declared dead.

(3.) An FIR Ex. P1 was lodged by PW 1 Ganesh Mal Bothra immediately thereafter at 10.45 p.m., giving detailed version of the occurrence. Autopsy was done on the dead body by PW 7 Dr. Mahesh Khargawat. The accused-Dev Chand was arrested on 31.7.1996 vide arrest memo Ex.P17. He gave a discloser statement Ex.P18 under section 27 of the Evidence Act, at 2.30 p.m. on 1.8.1996 and made a knife recovered on 2.8.1996 vide Ex.P1 from his residential house, which was sealed then and there.