JAWAHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As many as 8 accused persons including the appellant were placed for trial before the learned Additional Sessions Judge, Rajgarh Camp at Laxmangarh District Myer for having committed murder of Karan. The learned judge vide judgment dated July 4, 1998 convicted the appellant for offence under Sec. 302 Penal Code and sentenced to suffer life imprisonment and to pay a fine of Rs. 100.00. In default of payment of fine to further undergo rigorous imprisonment for 15 days.

(2.) As per the prosecution story; injuries on the head of deceased Karan were attributed to the appellant and one Harbir. Although the injury report of Karan (Ex.P 17) shows that he sustained one incised wound measuring .3cm X .3cm on the scalp on left parietal bone but a look of post mortem leport Ex P 18 demonstrates that Karan sustained following two injuries on he scalp:-

(3.) When the case came up for trial before the Additional Sessions Judge, Rajgarh, charge under Sections 148 and 302 IPC, Sections 323/149 and 302/149 Penal Code were framed against other accused persons. The charges to were denied and the accused persons claimed trial. As many as 23 witnesses were examined by the prosecution in support of its case. The appellant in his explanation under Sec. 313 Crimial P.C. claimed innocence. Two witnesses were examined in defence to establish that the accused persons also sustained injuries.