VIJAY BENJAMIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was placed on trial before the learned Special Judge (Sati Nivaran) and Additional Sessions Judge, Jaipur City, Jaipur in Sessions Case No. 3/1998 for having committed murder of Stifan Loyal. Learned Judge vide judgment dated August 10, 1999 convicted and sentenced the appellant for the offence under Section 302 IPC to suffer Imprisonment for life and fine of Rs. 1000/- in default to further suffer Rigorous Imprisonment for three months.

(2.) AS per prosecution story the informant Stenli Moris (PW. 10) submitted a written report to Rajendra Singh, SHO Police Station Vidhayak Puri, Jaipur City on October 27, 1997 at SMS Hospital, Jaipur with the averments that on the said date at 7. 30 PM while his wife Usha Lal was coming to her house the appellant hurled abuses. On being informed by Usha Lal, the informant went to the house of appellant and demanded explanation for his unruly conduct. The appellant became angry and had scuffle with the informant. In the meantime Vijay, Pradeep, Bhanwar and his brother in law Stifan Loyal (now deceased) came over there to intervene. The appellant then threatened them, went inside the house, came back with knife and inflicted knife-blow on the chest of Stifan Loyal, who as a result of which fell down and was taken to the hospital, where he died after some time. On the basis of the said written report a case under section 302 IPC was registered and investigation commenced. On completion of investigation charge sheet was filed and in due course the case came up for trial before the learned Special Judge (Sati Nivaran) and Additional Sessions Judge, Jaipur City, Jaipur. Charges under Sections 302 and 504 IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 18 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence and stated that the deceased along with Pradeep, Bhanwar and 2-3 persons came to his house. All of them were under the influence of liquor and abusing him. In that quarrel the deceased sustained knife-injury. The appellant examined his wife Smt. Elizabeth Benjamin (DW. 1) as defence witness. Learned trial Judge on hearing the final submissions convicted and sentenced the appellant as indicated herein above.

(3.) FACTS situation that emerges from the material on record may be summarised thus:- (i) The incident took place in front of the house of appellant. (ii) Prior to the incident the appellant and informant had altercations and scuffle. (iii) Single injury with knife on the right side of chest of the deceased has been attributed to the appellant. (iv) It was the informant and the deceased who took up cadged against the appellant and started abusing him. (v) The informant and appellant had scuffle and the heat of abusive exchange was followed by infliction of single knife injury. (vi) There was no enmity between the deceased and appellant prior to the incident. (vii) The deceased at the time of the incident was under the influence of liquor.