MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Addl. Sessions Judge under its judgment dated 20th April 1991 convicted the accused appellant Under Section 302 I.P.C. and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/ - or in default of payment of fine to further undergo simple imprisonment for six months. The accused appellant was further convicted Under Section 4/25 of the Indian Arms Act and was sentenced to undergo simple imprisonment for six - months. The substantive sentences on both the counts were ordered to run concurrently.

(2.) THERE is no dispute that the accused Vijay Kumar died an un -natural death. It is the case of the prosecution that on 8th September 1988 at about 10.20 p.m. in the city of Ajmer near Handpump at Nawab Ka Bedam the deceased Vijay Kumar and the accused appellant Mahendra Kumar were talking with each other and there was some ex -change of abused in between them and the accused -appellant is said to have taken a knife from his pocket and stabbed in the chest of the deceased. The occurrence is said to have been witnessed by Anand Singh PW 7, Tarachand PW11 and Tarachand S/o Mangal PW 12. Rajendra Kumar PW4 who is the real brother of the deceased was informed by Tara Chand PW. 11 about the incident. Rajendra Kumar went to the spot and saw that his brother Vijay Kumar was lying with an injury on his chest by knife and the blood was coming out of that injury. Soon thereafter police arrived at and Rajendra Kumar lodged a report and a case was registered and investigation was set in motion.

(3.) THE accused was tried and he pleaded not guilty and after the close of the prosecution evidence his statement Under Section 313 Cr.P.C. were recorded. He stood on a plea of bare denial. He stated that the witnesses are the relatives of the deceased and because of the enmity they are against him. He did not examine any witness in defence, the learned Addl. Sessions Judge convicted and sentenced him as aforesaid.