MAHIPAL ALIAS PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a D.B. Criminal Appeal filed by the accused appellant against the judgment and order dated 22/4/2002 passed by learned Sessions Judge, Jaisalmer in Sessions Case No. 36/99 whereby he convicted the accused appellant under Sections 302 & 394 IPC. He sentenced the accused to undergo imprisonment for life and a fine of Rs. 100.00 for offence under Section 302, and three years rigorous imprisonment and a fine of Rs. 100.00 for offence under Section 394 IPC, in default of payment to further undergo 15 days simple imprisonment. The sentences were ordered to run concurrently.

(2.) Briefly stated, the facts giving rising to the present appeal are that in the evening of 14.2.1999 Shri Murli Manohar Singh (hereinafter to be referred as deceased) was sitting at his shop situated near Vyas Circle. Prem Prakash and Koju Singh were also there. At that time, Bhanwardans brother Mahipal alias Pappu came there and told that the amount which was outstanding may be discussed at the roadways bus-stand and whereupon Murli Manohar after telling Prem Prakash and Koju Singh to take care of the shop went towards the roadways bus-stand along with Mahipal and when they reached near Dharam-shala, 2-3 persons suddenly came there. Mahipal inflicted a lathi blow on the person of deceased, as a result of which he fell down and thereafter knife injuries were inflicted to him by Mahipal. At that time, Savra Shri Natwar Das, Mangi Dan and Inder Singh Indrajeet were present there. Accused Mahipal took out a sum of Rs. 14,000.00 from the pocket of the deceased.

(3.) It is also the case of the prosecution that somebody intimated about the incident at the house of Murli Manohar deceased that some incident had taken place near the bus stand. Koju Singh and Bhopal Singh went to the place of incident and Murli Manohar was taken to hospital by a taxi. In the hospital, police recorded statement of deceased and subsequently the Tehsildar also recorded his statement. The statement recorded by the police is Exh. D/2.