SHAMBHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 9.2.1995 passed by learned Special Judge (SC/ST Cases), Kota, whereby the appellant -Shambu has been convicted for offence under Section 302, IPC and sentenced to undergo imprisonment for life with a fine of Rs. 2,000/ -, in default of payment of fine to further undergo six months simple imprisonment. He has also been convicted for offence under Section 324, IPC and sentenced to undergo imprisonment for one year. Both the sentences were ordered to run concurrently.

(2.) THE brief facts of the prosecution case are that PW -1 Chhotu submitted a written report Ex. P. 1 to S.H.O., P.S. Mandana (Distt. Kota) at police outpost -Jagpura on 24.6.1990 at 7:30 p.m. It was, inter alia, stated in the written report that today at about 6:00 p.m., his brother Devlal was milking a buffalo belonging to Madholal Kalal near the house of Kajodi Lal. The Accused -Shambhu S/o Panchu, Uda S/o Surajmal Bheel, Kalu S/o Madho Bheel, Latoor S/o Kheta Bheel were having liquor in front of the house of Kajodi Lal. When the accused made hue and cry, the buffalo got irritated and so Devlal told the accused not to make outcry. Thereafter all the accused started beating Devlal. When his brother Latoor (deceased) came to rescue Devlal, accused Uda, Kalu and Latoor caught hold him and told Shambhu to kill the deceased -Latoor. Thereafter, Shambhu took out a knife from the pocket of his Pent (Trouser) and inflicted injury on the chest of the deceased -Latoor. Thereafter, Shambhu gave another knife injury on the abdomen of the deceased, when he came to rescue his brother Latoor, Accused Shambhu caused injury with knife on his right hand. It was also stated that Accused Uda gave a blow with the handle of knife on the neck of the deceased. Uda (PW. 4), Dhulilal Kalal, Bhura (PW 3), Nanda (PW -6) and his father Lala (PW -5) had seen the occurrence. His brother Latoor had died on the spot. The written report Ex. P. 1 was sent to Police Station -Mandana by S.H.O., through Constable -Premchand. Thereafter a formal First Information Report -Ex. P. 9 was registered under Sections 302, 307/34, IPC and investigation commenced.

(3.) THE learned Additional Sessions Judge framed charges under Sections 302 and 324 against the appellant accused -Shambhu and charges under Sections 302/34 and 324/34, IPC against the remaining accused. All the accused denied the charges and claimed to be tried. In due course, on transfer, the case was received by the Special Judge. The prosecution examined as many as 16 witnesses. In their statements recorded under Section 313, CrPC, the accused claimed innocence and stated that they were falsely implicated. In defence, no witness was examined.