SHYAMA @ SHYAM SUNDER Vs. STATE OF RAJ

JUDGEMENT

(1.) The accused Shyama @ (alias) Shyam Sunder has been convicted by the Additional Sessions Judge No. 2, Ajmer by his judgment dated 18.9.1991 for the offence under section 302 IPC and sentenced to imprisonment for life and a fine of Rs. 200. Against this conviction and sentence he has preferred a Jail appeal and Shri Azad Ahmed has been appointed as amicus curiae to plead his case and assist the court.

(2.) An incident took place on 19.5.1988 at about 11.00 p.m. at Marwar Junction Railway Station about which a first information report was lodged by P.W. 8 Ram Swaroop Meena. The report Ex. P/8 says that on the relevant date at about 9.00 p.m. he (Ramswaroop) had come from Ajmer to Marwar Junction for purposes of going to Abu Road Junction. His nephew Santosh son of Prasadi Lai Meena lived at Marwar Junction and he stopped there to meet him. He went to the house of Santosh but he was not there so be came to the Railway Station and met Abdul son of Jumankhan. Both of them went together in search of Santosh. At that time thev heard some shouts from the roof above the Platform and on going there they saw accused appeilant giving knife blows to Santosh. They reached the roof from the Overbridge and Shyama ran away after threatening them. The accused ran away after leaving behind his loongi, shirt, shoes and once acid bottle. The informant gave out the story to GRP Constable Bal Singh and then went to the office of ASM who called the ADMO by telephoning him. Santosh was taken on a stretcher to the Platform where he was declared dead by the ADMO. Santosh had some knife injuries and even some burns by acid. Abdul returned soon after from Market and informed that the accused appellant had committed another murder of Narain @ Kulhad, whose body was lying at the crossing. In the report it was also mentioned that five years ago Shyama and Santosh had a fight on the Railway Platform and on account of this enmity Santosh had been killed.

(3.) This report was lodged at the Railway Police Station Marwar Junction at 11.00 p.m