LAWS(RAJ)-2003-9-42

TARUN SHARMA Vs. STATE OF RAJASTHAN

Decided On September 15, 2003
TARUN SHARMA Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) ABOVE four criminal appeals arise out of the judgment and order dated 23. 1. 2001 passed by the Additional Sessions Judge No. 2, Ajmer, thereby holding the accused appellants guilty for offence under sections 302/149, 341 and 148 IPC for causing death of Manoj and accordingly convicting and sentencing the accused appellants in the manner stated below: U/s. 302/149 IPc Life imprisonment and a fine of Rs. 5000/- in default of payment of fine, each to further undergo rigorous imprisonment for one year. U/s. 148 IPc Three years rigorous imprisonment with a fine of Rs. 2000/- each, in default thereof, each to further undergo simple imprisonment for one year. U/s. 341 IPc One month's simple imprisonment with a fine of Rs. 500/-, in default thereof, each to further undergo simple imprisonment for a week.

(2.) SINCE all the four appeals arise out of one and the same judgment in a Sessions Case No. 73/98, they are being decided by a common judgment.

(3.) ON dissection of wounds, the doctor noticed: Ext. Injury No. 2 is cut open, shows an stab wound 2cm x 1cm x ? on the left thigh in middle 1/3rd situated medially obliquely placed, direction is downwards and medially going up to the depth of 5cm, cutting the muscles and the femoral artery and femoral vein staining the whole track. ON dissection of injury No. 3: there is incised wound 3cm x 1cm muscle deep on left thigh laterally, obliquely placed, ON dissection of Injury No. 4: there is incised wound 3cm on left buttock, going up to the depth of 4cm cutting the muscles @ small vessels. Direction is down word medially. ON dissection of Injury No. 5: there is stab wound 2 x m x 1cm on left thigh. Post lower 1/3rd part going up to the depth of 5cm direction is downwards and medially, cutting the popliteal artery muscles and small vessels. ON dissection of Injury No. 6: Incised wound 1cm x 0. 5cm skin deep only. ON dissection of Injury No. 7: there is an incised wound on right thigh innder side upper 1/2 part 2cm x 1cm x muscle deep.