MAHESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant stands convicted by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Ajmer under Sec. 302 Indian Penal Code and he has been sentenced to imprisonment for life and to pay a fine of Rs. 500.00 or in default of payment of fine to further suffer six months simple imprisonment. Alongwith the accused-appellant one Harish Chandra was also tried under Sec. 302 Indian Penal Code, but was given benefit of doubt by the learned Special Judge and was acquitted.

(2.) As per the prosecution case there was previous enmity in between the family of deceased Mohan and brother Gopal PW 1 on one hand and the family of the accused-appellant on the other. The accused-appellant was the driver on Auto No. RJZ-2351. On Aug. 13, 1990, at about 8.15 p.m. Mohan deceased had gone to market to bring some medicines. He was followed by his brother Gopal PW 1. Gopal was going to Dhan Mandi. Hukum Chand met Gopal on the way and both of them proceed towards Bad Ka Chowk. When they were on the corner of Peer-Mittha-Gali at about 8.30 p.m. they heard cries and when they reached the spot they saw that the accused-appellant Mahesh was having a knife in his hand and he gave blows with his knife to Mohan Mahesh repeated his blows on the left buttock of the deceased. Thereafter, the accused-appellant and his companion made good their escape.

(3.) A report of the incident was lodged by Gopal PW 1 at the police station immediately thereafter at 9.30 p.m., a case was registered and investigation was set in motion. Mohan died as a result of his injuries and his post-mortem was conducted by Dr. P.K. Saraswat. Dr. Sarswat on examining the dead body found that the deceased had as many as four injuries which are as under: