PRAKASH ALIAS OMPRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Prakash alias Omprakash was tried by the learned Addl. Sessions Judge No. 1, Hanumngarh, Camp Sangaria, who by his judgment dated 31-1-1990 convicted him for the offences under Ss. 302 and 307, IPC and sentenced him to life imprisonment with a fine of Rs. 100 and in default to further undergo S. I. for one month under the first count and to four years' R. I. with a fine of Rs. 100.00 and in default to further suffer one month's S. I. under the second count. However, the learned Addl. Sessions Judge No. 1, Hanumanagarh acquitted co-accused Bhaga and Krishan of the offences under Ss. 302 r/w 307/34, IPC. Against his conviction, the appellant has preferred this appeal.

(2.) The facts of this case can be recapitulated within a narrow compass. It appears that on the next day of Holi festival, which fell on 16/03/1987, at about 1.30 PM deceased Khetpal purchased a bottle of country liquor. He was going towards his field situated near the Johad of village Dhamba. Appellant Omprakash and co-accused Bhaga and Krishna came there. They asked Khetpal (deceased) to offer them the liquor, but the latter refused. Thereupon, co-accused Bhaga snatched the bottle of liquor from him, while the appellant and co-accused Krishna, grappled him and felled him down. It is the case of the prosecution that co-accused Krishna sat over the deceased and his brother co-accused Bhaga, who had a lathi in his hand, was standing nearby. Deceased Khetpal raised an alarm "ekjs js A ekjs js" which attracted PW 1 Suraja Ram and PW 2 Bhadar Ram. Meanwhile, the appellant took out a knife from his fold and after opening the said knife by pushing its lever wielded a blow, which landed on his chest, PW 2 Bhadar Ram intervened and tried to rescue Khetpal. Thereupon, co-accused Bhaga dealt a lathi blow towards him but the latter caught hold of that lathi. Thereupon co-accused Bhaga grappled him and the appellant inflicted another knife blow causing injuries on his chest. Thereafter, all the three assailants ran away towards the Johad. PW 1 Suraja Ram took Khetpal, who was still alive, to the bus station from where, they started for Sangaria for taking him to the hospital for treatment but in the way Khetpal succumbed to his injuries. PW 2 Bhadar Ram, who was also injured, rushed to the Primary Health Centre Dispensary, Sangaira, PW 4 Dr. Nathmal Dugar sent a message to Police Station, Sangaria from where PW 6 Suman Ali, A.S.I reached the hospital. Suman Ali recorded the 'parcha bayan' (Ex. P 2) of injured Bhadar Ram on the same day at 3.27 PM and sent the same to the Police Station Sangaria on which formal FIR Ex. P. 27 was drawn. PW 6 Suman Ali conducted the initial investigation, prepared the site plan Ex. P. 1 and its memo Ex. P 1-A and panchayat Nama of the dead body of Khetpal Ex. P. 3.

(3.) Dr. Nathamal Dugar conducted the post mortem examination of the dead body of Khetpal and found the following injuries: