DEO KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It is a jail appeal. The learned Special Judge, S.C/S.T, to Kota has convicted the accused-appellant Deo Karan under his judgment dated 12th January, 1993 u/s. 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 100/- and in default of payment of fine to further suffer three months imprisonment.

(2.) Rajendra Singh, deceased alongwith Om Prakash PW 2 and Sharwan Singh PW 3 had gone to Sabji Mandi on 10th April, 1989 at about 930 p.m. It is alleged that the accused- appellant Deo Karan met them and asked Rajendra Singh to pay Rs. 10/-and Rajendra Singh is said to have refused to pay any amount to him and gave out that he has no money with him. Then when all of three were proceeding further, it is alleged that the accused-appellant caught hold of Rajendra Singh, took out a knife from his pocket and stabbed Rajendra Singh. When Sharvan Singh and Om Prakash made an attempt to apprehend Deo Karan he made his escape. The matter was reported to one Ram Charan Singh, the real brother of Rajendra Singh who lodged a report in police station Gumanpua, Kota. A case was registered and investigation was set in motion.

(3.) The autopsy was conducted on the dead-body of Rajendra Singh by Dr. M.M. Sharma PW 6 and Dr. Sharma on 11.4.1989 found that there was a sharp stab wound 1" X 3/4 2X Depth cavity deep, transversly placed on left side of the chart in 6th, 7th intercostal placed on the lateral side of sternum 3/4" lateral to midsternal line. On opening of the body Dr. found that intercostal muscles were cut. In the opinion of the doctor the deceased died due to injury.