VISHNU VISSU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant No.1 Vishnu @ Vissu son of Mangya and the appellant No.2 Shivdayal son of Vishnu @ Vissu as a result of their conviction by the learned Additional Sessions Judge (Fast Track), Hindaun City, District Karauli in Sessions Case No.70/2002 (18/2002) whereby the appellant No.1 Vishnu has been convicted for the offence under Section 302 Indian Penal Code and sentenced to life imprisonment and a fine of L 1,000/- and in default of payment of fine to further undergo three months rigorous imprisonment. The appellant No.2 was convicted for the offence under section 302/34 Indian Penal Code and sentenced to life imprisonment and a fine of L 1,000/- and in default of payment of fine to further undergo three months rigorous imprisonment. Another accused Tulsi son of Vishnu, the appellant No.1 also stood trial but died during pendency of the trial before the learned trial court and as such the proceedings against Tulsi were abated before the learned trial court.

(2.) The brief facts giving rise to this appeal are that an FIR was lodged on 21.12.2001 at Police Station Todabhim, District Karauli that on 20.12.2001 informant Vishambhar Dayal and others were at their house repairing canvas (tripal) and at that point of time a sudden quarrel took place between Harimohan son of Prabhati and Vishnu, the appellant No.1. This fight arose on account of certain money transaction between the parties and at that time the deceased Deviram intervened and separated the two who were quarreling. It is alleged that Vishnu, the appellant No.1 immediately went to his house and brought a sail (sariya) and gave blow to Deviram which pierced his chest and as a result of which Deviram died. It was also alleged that the deceased was held by Tulsi and Shivdayal, two sons of Vishnu and Vishnu inflicted the fatal blow.

(3.) The prosecution examined 12 witnesses and 14 documents and from the side of the defence 9 documents were exhibited including the report lodged by Shivdayal with the police which is Exhibit D-6 which was registered as FIR No.492/2001 at Police Station Todabheem, District Karauli and also the injury report of Tulsi Ram and they also examined DW-1 Dr.Siyaram Meena for proving the Injury Report of Tulsiram (Exhibit D-9).