RAJU @ RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Raju @ Rajesh Kumar who was tried with his co-accused, Bunti @ Surendra Singh, Pappu @ Bhuria, Hafiz Ali and Habibbula, who have since been acquitted, has filed this appeal challenging the order of learned Addl. Sessions Judge No. 2 (Fast Track) Kota dated 17.8.2001, vide which he has been held guilty for offence under Section 302 IPC and sentenced to undergo imprisonment for life as also to pay a fine of Rs. 10000/-and in default of payment of fine, to further undergo Rigorous Imprisonment for six months.

(2.) The appellant alongwith co-accused who, as mentioned above, have been acquitted, was tried for murder of Avinash. The occurrence leading to death of Avinash, as per the prosecution case, had taken place on 26.1.1989 in the afternoon. FIR with regard to the incident Ex.P6 was lodged by Shiv Pal Rai on the same date at 2:15 PM. It was recording by Jitendra Singh, PW1. The special report with regard to the incident reached the concerned Magistrate on 27.1.1989 at Kota. Shiv Pal Rai while unfolding events leading to death of Avinash stated that on the eventful day on 26.1.1989 there was a function in the Maruti Bal Vidya Mandir, Mahaveer Nagar. I, Private Section. His son Avinash aged about 18 years and daughters Asha Srivastava and Madhuri Srivastava alongwith the neighbour had gone to see the function and at about 1-1.30 PM and when they reached there, Raju @ Rajesh, Bunti @ Surendra Singh, Pappu @ Bhuria & Habbi came and caught hold of his son Avinash and took him to nearby place i.e. in front of house of Deen Dayal. Banti, Pappu & Habbib caught hold of his son and Raju & Rajesh gave 3-4 blows in the chest and stomach. He raised hue and cry that his son is being killed, help, even then they kept giving blows to his son. His friends caught hold of his son and did not allow him to move and they left him thinking that his son has died. He then went near his son and saw that he is not able to speak. He was bleeding from chest and stomach. Thereafter, he took him in the jeep to the hospital and on the way to the hospital he succumbed to the injuries.

(3.) During the course of trial prosecution examined Dr. I. Haq as PW.11. He stated that he had conducted post-mortem on the dead-body of Avinash on 26.1.1989 at 3.45 PM. The dead body was of a person who was aged about 18 years and had died six hours before the post-mortem. The doctor found following five injuries on the dead body on Avinash:-