BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants in this appeal were put up for trial before the Additional Sessions Judge Bayana District Bharatpur in Sessions Case No. 3/1998 for having committed murder of Sunil Kumar. Learned Additional Sessions Judge vide judgment dated September 29, 2000 convicted and sentenced the appellants as under:- (1) Babu Lal U/s. 302 IPc To suffer Imprisonment for life and fine of Rs. 500/-, in default to further suffer Ten Days Rigorous Imprisonment. (2) Ramswaroop (3) Neetu & (4) Ashok Kumar: U/s. 302/34 IPc To suffer Imprisonment for life and fine of Rs. 500/-, in default to further suffer Ten Days Rigorous Imprisonment.

(2.) PUT briefly the prosecution case is that on August 23, 1997 at 8. 45 PM informant Manohar Lal instituted written report (Ex. P- 1) with the Police Station Bayana alleging therein that at about 7. 30 PM when he along with his sons Sunil Kumar, Mukesh Kumar, Yogesh Kumar and Mahesh Kumar s/o Gopi Chand were sitting in their shop, the appellants Babu Lal, Ramswaroop, Ashok and Neetu came to the shop and started hurling abuses. Babu Lal who was armed with knife, exhorted to catch hold of all the persons present in the shop, pursuant to which they caught hold of the persons present in the shop and thereafter Babu Lal inflicted knife-blow on the right side of chest of Sunil Kumar who dropped dead. The appellants then took to their heels. On the basis of said report the police registered a case under Section 302/34 IPC and investigation commenced. After completion of the investigation charge sheet was filed and in due course the case came up for trial before the learned Additional Sessions Judge Bayana. Charges under Sections 147, 149, 341 and 302 IPC were framed against the appellants who denied the charges and claimed to be tried. The prosecution in support of its case examined as many as 19 witnesses. In their explanation under Section 313 Cr. P. C. , the appellants claimed innocence. Four witnesses in defence were however examined. On hearing final submissions the learned trial judge convicted and sentenced the appellants as indicated herein above.

(3.) INVESTIGATING Officer Nasir Khan (PW. 19) got recovered single part of scissors vide Ex. P-14 allegedly used in commission of offence at the instance of appellant Babu Lal. It was sent to FSL and as per FSL report (Ex. P-21) it was not found stained with blood.