MAHENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by appellant Mahendra Kumar against the judgment and order dated 2. 3. 2001 passed by the learned Sessions Judge, Kota whereby he has been convicted for the offences under Sections 302 and 324 IPC and sentenced to undergo life imprisonment and a fine of Rs. 5,000/-, in default of payment of fine to further undergo simple imprisonment for one year for the offence u/s. 302 IPC and for the offence u/s. 324 IPC he has been sentenced to suffer rigorous imprisonment for three years.

(2.) THE relevant facts, as per the prosecution version, are that the occurrence which led to the death of Tarun and injury to Om Prakash took place on 8. 10. 1998 at 9. 30 p. m. After the said occurrence deceased Tarun and injured Om Prakash were carried to the Maharao Bheem Singh Hospital, Kota by Kamal PW-6 and Pappu PW-8 who got them admitted there. Emergency operation of Tarun was performed during the night itself, but he succumbed to his injury in the morning of 9. 10. 1998. On receiving information from the hospital, Heera Lal ASI reached there and recorded the statement of Om Prakash at 1. 15 a. m. in the night intervening 8. 10. 1998 and 9. 10. 1998 where-upon a criminal case FIR No. 407/98 came to be registered by the S. H. O. Police Station Mahaveer Nagar, Kota for the offences under Sections 307, 341 and 323/34 IPC. Formal first information report was prepared, a copy whereof was forwarded to the concerned Magistrate which reached him at 12. 05 p. m. on 9. 10. 1998.

(3.) THE point for determination in this case is as to whether the finding of guilt recorded against the appellant for murder of Tarun and for voluntarily causing simple injury to Om Prakash by a sharp edged weapon vide impugned judgment and order dated 2. 3. 2001 is correct and justified or not.