KRISHAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The backdrop of the case unfuris a story of continued hostility between the appellant husband Krishan Kumar and his wife Smt. Simla Devi. The unfortunate victim is the Intervenor Kaur Singh who ventured to bring peace and happiness in their life. In the mid night at about 12:00 P.W. 6 Sher Singh alias Pappu informed P.W. 1 Surjit Singh that his son Kaur Singh was being assaulted by appellant Krishan Kumar. Shravan Ram and Asha Ram (both since acquitted) by sword. Kulhari. Dantar etc. in the street behind the house of P.W. 7 Gurjant Singh. He rushed to the spot and challenged them. The assailants seeing him took to their heels and escaped from the place. He found the body of Kaur Singh smeared with blood. Kaur Singh breathed last on the spot. P.W. 1 Surjit Singh lodged a written First Information Report of the Incident on 21st June. 1997 at 7:00 A.M. at Police Station. Padampur. On this Information police registered a case for offence under section 302. 302/34 I.P.C. and proceeded with the investigation. After usual investigation police laid charge-sheet against the appellant and his two other brothers namely Asha Ram and Shravan Ram.

(2.) The appellant denied the charges leveled against him and claimed trial. The prosecution in support of the case examined 11 witnesses. The trial court relying on the testimony of eyewitnesses P.W. 6 Sher Singh and P.W. 7 Gurjant Singh corroborated by the medical evidence the recovery of bloodstained sword and other evidence found the charges leveled against the appellant proved. The Additional Sessions Judge. Sri Karanpur by judgment dated 27/4/2000 convicted the appellant for offence under Section 302 I.P.C. and sentenced to imprisonment for life and to pay a fine of Rs. 50,000/- in default of payment to further undergo two months simple imprisonment. However the trial court acquitted accused Asha Ram and Shravan Ram.

(3.) Mr. M.L. Garg learned counsel appearing for the appellant has read the evidence of the prosecution witnesses particularly P.W. 6 Sher Singh and P.W. 7 Gurjant Singh in his endeavour to satisfy us that their testimony is not trustworthy. Having read the statements of both the witnesses where of the view that their statements are of intrinsic merit.