PREM SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT appeals stem from the judgment dated August 22, 1996 of the learned Sessions Judge Sawai Madhopur in Sessions Case No. 36/1996 whereby the appellants Prem Shanker and Yogesh were convicted and sentenced as under- Prem Shanker U/s. 302/34 IPc to suffer imprisonment for life and fine of Rs. 500/- in default to further undergo three months S. I. Yogesh U/s. 302/34 IPc to suffer imprisonment for life and fine of Rs. 500/- in default to further undergo three months S. I. U/s. 324 IPc one year R. I. and fine of Rs. 100 in default to further suffer one month S. I. Acquittal of other four accused Shatrughan. Sita Ram, Prahlad and Arun Kumar has however been assailed by the State of Rajasthan.

(2.) INCIDENT giving rise to these appeals as per Parcha Bayan of injured Anil Sharma occurred on June 6, 1994 at 9. 45 a. m. when on his shop Arpan Garments Anil was sitting alongwith his father Govind Prasad (deceased), brother Bhawani Shankar (injured) and uncle Nathu Lal (deceased), suddenly Yogesh, Prem Shanker, Shatrughan and two other persons entered the shop and Prem Shankar dragged Govind Prasad out of the shop and inflicted blow with `gupti' on his back and Yogesh pierced Gupti on the right side of his chest. When attempt to save Govind Prasad was made by Anil, Bhawani, Shanker and Nathulal, they were also assaulted by the accused with Gupti and Knife. Govind Prasad fell down and was taken to the Hospital where he was declared dead. Police Station Man Town on the basis of said Parcha Bayan registered a case bearing FIR No. 160/94 under Secs. 147, 148, 149, 323, 323, 307, 452 and 302 IPC and investigation commenced. Site was inspected autopsy on the dead body of Govind Prasad was conducted, injured were medically examined. Blood smeared soil was recovered and Parcha Bayan of Nathu Lal was recorded. Nathu Lal also died on June 7, 1994 and dead body of Nathu Lal was subjected to post mortem. Statements of witnesses were recorded, accused were arrested and at their instance weapons allegedly used in offence were recovered. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Sessions Judge, Sawai Madhopur. Charges under Secs. 147, 302/149, 324/149, 449/149, 449, 324 and 302 IPC were framed against the accused, who denied the charges and claimed to be tried. The prosecution examined as many as 27 witnesses and exhibited 50 documents. In the explanation under Sec. 313 Cr. P. C. the accused claimed innocence and stated that they were falsely implicated. Four witnesses in defence were examined by the accused and 10 documents were got exhibited. On hearing final submissions learned trial judge convicted and sentenced the appellants Prem Shanker and Yogesh but acquitted Shatrughan, Sita Ram, Prahlad and Arun Kumar as indicated hereinabove.

(3.) ANIL Sharma (PW. 7) sustained one stab wound 1cm. x 1/2 cm. x 1 cm. over left lateral surface of chest. Vide injury report (Ex. P. 11 ).