CHHITAR LAL ALIAS CHHITA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the appeals, one by accused appellant Chhitar against his conviction and sentence and another by State against acquittal of respondents Abdul Haleem and Rafiq arise out of the judgment and order dated 15. 12. 1998 passed by the learned Sessions Judge, Kota in Sessions Case No. 88/95. Therefore, both the appeals are decided by a common judgment.

(2.) ON 13. 11. 94 at 9. 45 AM, PW 12 Virendra Jakhad, SHO, Police Station, Vigyan Nagar, Kota recorded Parcha Bayan of injured Hamendra Dwivedi while injured was admitted in M. B. S. Hospital, Kota. In his Parcha Bayan, injured Hamendra stated that Shanker Lal Teli (accused respondent) was tenant in their house and had not paid rent for last six months. The accused and his mother were avoiding payment of rent on one pretext or the other. ON 17. 10. 94 when they were asked to vacate the house, accused Shanker Lal, Chhitar Teli, his servant Kailash along with 3-4 others came to the house and threatened him to kill, of which a report was also lodged at Police Station Gumanpura and Shri Khurana, Circle Officer was also informed of the same, who in turn, had also visited his house. The injured further stated that the accused had also sat at fire the doors of the rooms of his house on 1. 11. 94 and 6. 11. 94. These incidents were also reported to the police. The injured having disclosed some more instances, stated that on 13. 11. 94 at about 7. 00 AM his brother Karmendra (since deceased) had gone to Meghdoot Hotel, who was working as Manager in the said Hotel. At about 7. 30 AM he left for Hotel Meghdoot to collect the Moped. Soon he reached in front of the hotel, he found that accused Chhitar, Shanker and 5-6 others were forcibly taking out by pulling his younger brother Karmedhra from reception. Chhitar and Shanker had knives in their hands. He saw accused Chhitar and Shanker inflicting numerous knife blows on the person of his brother. When he rushed to save his brother, accused Chhitar struck a knife blow near his neck with an intention to kill him. As per Parcha Bayan, injured Hamendra managed to escape from the scene, but his younger brother Karmendra was lying there in badly injured condition. Injured Hamendra then came to his house and informed his father of the incident. Thereafter, his father took both the injured to Hospital. Karmendra succumbed to the injuries in the hospital. Lastly, it was stated that Chhitar and Shanker along with their 5-6 associates murdered his brother and caused injuries to him.

(3.) AT the completion of trial, after perusal of evidence and material on record and hearing counsel for the parties, the learned trial Judge did not find the charges established beyond reasonable doubt as against accused Abdul Haleem and Mohd. Rafiq and accordingly acquitted them of the offences charged with. However, the learned trial Judge convicted accused appellant Chhitar for offence under Sections 302/34 and 324 IPC and sentenced him to undergo life imprisonment with a fine of Rs. 10000/-, in default thereof, to further undergo imprisonment for 3 years on the first count and to undergo rigorous imprisonment for 3 years on the second count. Hence these two appeals, one by appellant Chhitar against conviction and another by the State against acquittal of accused Abdul Haleem and Mohd. Rafiq. Accused Shanker absconded during trial.