AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant, Amar Singh, has been convicted under Sec. 302. Penal Code sentenced to undergo imprisonment for life with a fine of Rs. 100.00 (in default, to undergo further one month's R.I.). His conviction & sentence are being assailed in this appeal.

(2.) First information report (Ex. P. 15) was chalked out on the basis of a Parcha Bayan of an injured, Ata-ullau Khan, admitted in S.M.S. Hospital, Jaipur, in Ward No. 3-G, on 27.2.87. The said Parcha Bayan (Ex. P. 5) was recorded by Mahavir Prasad Sharma, ASI, P.S Bani Park. It had been stated therein that on 27.2.87 at about 3.30 p.m. When Ata-ullau Khan was near Sindhi Camp bus station he was intercepted near Chandragupt Hotel by Amar Singh (appellant) alongwith his three companions, Gulab, Pappu Gurjar & Sanwar Khan alias Nosiyar and that they started hurling abuses and then in order to kill him, Amar Singh opened assaults by inflicting knife blows on his person at his abdomen & waist, while other companions gave beating with kicks-fists besides infliction of stick blows on his person.

(3.) Ata-ullau Khan expired in the hospital on March 9, 1987. Before his death, even on the very day when his Parcha Bayan was recorded by the police officer, another statement in the shape of dying declaration (Ex. P. 3) was also recorded of Ata-ullau Khan by Judicial Magistrate, No. 9, Jaipur City Jaipur, at about 8.45 p.m. on 27.2.87 in the hospital in the presence of Dr. Shiv Ratan Kochar.