DALCHAND AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellant A.3 Uttamkumar has been convicted under sections 148 and 302, I.P.C. and under the former count has been sentenced to undergo 2 years rigorous imprisonment and under the later count to imprisonment for life and the other accused-appellants namely; A-i Dal-chand, A-2 Smt. Sugani Bai A.4. Sanjeevkumar, A.5. Mahenderkumar, A.6. Arvindkumar. A.7. Kundanlal, A.8. Rahul and A9. Subhash have been convicted under sections 147 and 302 read with 149 I.P.C. Under the former count, each of them has been sentenced to rigorous imprisonment for 1 year and under the later count to imprisonment for life. The sentence have been ordered to run concurrently.

(2.) Deceased Sohanlal was and the accused-appellants are the contractors of liquor in Udaipur, on May 9, 1977 Sohanlal deceased along with Devilal P.W. 15, his employee, and one Bhanwarlal had gone in his jeep D.H.O. 2865 (Jonga) at about 7.30 or 8 p m. to take their meals at the hotel of Sunderlal P.W. 9 situated outside Surjapole, Udaipur. The jeep was stationed on the other side of the road opposite the restaurant of Sunderlal P.W. 9 It is alleged that there was a deep rooted enmity in between Sohanlal deceased on the one hand and the accused-persons on the other hand Apsara Hotel of which Dalchand is said to to be the owner is situated only at a distance of about 150 year or so, from the restaurant of P.W. 9 Sohanlal. When Sohanlal deceased along with Devilal P.W. 15 was taking his dinner inside the restaurant of P.W. 9 Sunderlal, it is alleged that the accused-appellant A-3 Uttamkumar along with A 5 Mahendrakumar came there and there after seeing them taking meals went away. After finishing the meals, when Sohanlal deceased and Sunder Lal P.W. 15, reached near the jeep, which as already stated earlier was stationed on the other side of the roads, it is alleged that all the accused-appellants surrounded them and started hurling abuses Accused-appellant A2 Smt. Sugni Bai had by that time appeared in the near by lane and is said to have delivered a knife to accused-appellant (Al) Dalchand, her husband, and exhorted accused-appellant (A3) Uttam kumar. her son to finish Sohanlal. Accused-appellant (A3) Uttamkumar spontaneously dealt a stab wound by a knife (Which was handed-over to him by his father, accused-appellant A-l Dalchand) on the right side of the chest of Sohanlal, who fell down. Sohanlal immediately rushed to a three wheeler scooter, which was standing nearby and its driver Mohammed Yaqub P.Y/. 10 was standing nearby. Devilal P.W. 15 followed Sohanlal to the three wheeler scooter. P.W, 10 Mohammed Yaqub drove the three wheeler scooter to the Hospital where Sohanlal was pronounced dead.

(3.) Devilal P.W. 15 went to police station, Surajpole Udaipur and lodged a report, Exh. P/20 at about 9.30 p.m. Raghunathsingh P.W. 16, the then S.H.O., Police Station, Surajpole, Udaipur, before whom Devilal P.W. 15 lodged the report Exh. P/20 took into his possession the blood-stained clothes of Devilal as well as knife, Exh. 1 produced by Devilal P.W. 15 which be is said to have picked up from the spot and which according to him was thrown by accused A 3. The clothes and the knife (dagger) were seized and sealed by Raghunath Singh P.W. 16, On May 12, 1977 Raghunath Singh, S.II. O. prepared an inquest report of the dead-body of Sohanlal and also prepared the site-plan, Ex. P. 10 at the instance of Devilal P.W. 15. All the accused-appellants were arrested by Raghunathsingh, S.H.O. under the various memos. Accused-appellant (A4) Sanjeev Kumar is said to have given an information to Raghunath singh, S.H.O. P.W. 16 on May 15, 1977, after his arrest, to get a scabbard recovered from the room of Apsara Hotel Raghunathsing P.W. 16 entrusted the job of recovery to Kanchansingh, P.W. 13, second officer on police station, Surajpole. In consequence of his information, the accused got recovered a scabbard from room No. 33 of Apsara Hotel to Kanchansingh, P.W, 13. Seized articles namely daggar and clothes were sent to Chemical Examiner and Serologist and the Chemical Examiner detected blood except in item No. 10, The controlled soil. The Serologist in his report, Exh. P/25 found that the daggar was stained with human blood, but no report of grouping of blood for the reasons mentioned in the report could be given.