SHEELU ALIAS SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As many as three accused were inducted for trial before the learned Special Judge (Sati Niwaran) Rajasthan and Additional Sessions Judge, Jaipur City, Jaipur in sessions case No. 7/1999 for having committed murder of Raju. Learned Judge vide judgment dated 2-3-2000 convicted the accused appellant Sheelu @ Suresh under Section 302 I. P. C. and sentenced to suffer imprisonment for life and fine of Rs.1,000/- and in default to further suffer three months rigorous imprisonment. Other accused Peetu and Mahesh @ Bulla were however acquitted. Aggrieved by the aforesaid judgment the accused appellant Sheelu @ Suresh preferred this appeal.

(2.) The brief facts giving rise to this appeal are that Meetha Ram (PW4) father of the deceased Raju submitted a written report Ex. P2 in S. M. S. Hospital to Suresh Kumar (PW17), S. I., Police Station Mansarover, Jaipur on 10-11-1998 at 10:15 p.m. to the effect that at about 9 p.m. when he was sitting in a shop situated in his house No. 62/331-32, Rajat Path, Mansarovar, son of the servant Bhojraj Kabari came and told that an altercation had taken place between Raju, accused Sheelu and Bulla, upon which the complainant asked his tenant Bhagwan Das (PW5) to go to the spot. Bhagwan Das left the place and soon thereafter one Raju-auto driver informed that Sheelu and Bulla had attacked the complainant's son Raju and he had been taken to hospital by Bhagwan Das (PW5) and Kara (PW2). He immediately closed his shop and rushed to the hospital where Kara met him and he told that Raju has been stabbed with knife by Sheelu and Bulla. When the complainant reached at the emergency of the hospital, the dead body of Raju which had many injuries thereon was lying there.

(3.) Suresh Kumar, S. I. after due endorsement sent its report to the S. H. O., Police Station Mansarovar, Jaipur where a case under Section 302 I. P. C. was registered.