NARENDRA KUMAR ALIAS NAGIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this appeal, that has been filed by Narendra Kumar @ Nagin who was tried with his co-accused Shankarlal & Rajesh, since acquitted, two fold contentions that have been raised by the learned counsel for the appellant are that no reliance can at all be placed upon the alleged eye- witnesses and therefore, Narendra Kumar @ Nagin like his co- accused named above ought to have been acquitted. If however, this Court might find statements made by eye-witnesses to be inspiring confidence then Narendra Kumar @ Nagin could at the most be convicted under section 304 Part II IPC.

(2.) WITH a view to appreciate the contention of the learned counsel as noted above it will be necessary to take into consideration back drop of the events leading to death of. . . . . . . . . . . . . . . . . . murder Narendra Kumar @ Nagin, after trial was held guilty for offence under section 302 IPC and sentenced to undergo Rigorous Imprisonment for Life as also to pay a fine of Rs. 1,000/- and in default of payment of fine to further undergo Simple Imprisonment for three months. The appellant has also been convicted under section 323 IPC and sentenced to undergo Simple Imprisonment for a period of one year. The order of conviction and sentence as mentioned above was passed against the appellant by the learned Addl. Sessions Judge (Fast Track), Ajmer on 25. 7. 2001.

(3.) POST Mortem Report Ex. P10 reveals following injuries that were sustained by deceased Mukesh Kumar. " 1. Heamotoma 4 cm. x 3 cm. (Rt.) side parito occipital region. 2. Contused swelling, 64 cm. over left temple. 3.stitched wound 4 cm. long inner side of left ear lobe. 4.Bruise 5 x 4-1/2 cm. over left arm on middle 1/3 antero laterally. 5.Abrasions (two) 2 x 1/2 cm. each on (Rt.) leg middle 1/3 antero medially. "