VINOD KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals have been filed on behalf of same accused-appellant Vinod Kumar challenging only one and similar judgment of the trial court dated 13/07/2007, they are being decided by this common judgment.

(2.) These appeals have been filed on behalf of the accused-appellant Vinod Kumar challenging the impugned-judgment dated 13/07/2007 passed by the court of learned Additional Sessions Judge (Fast Track) Baran in Sessions Case No.36/2005 whereby, the accused-appellant has been convicted for offence u/S.302 IPC and has been sentenced, as under:-

(3.) The case of the prosecution is that Hukma (PW8) has lodged a written report (Ex.P.8) on 31/10/2004 at about 9.00 p.m. with Police Station Kasba against the accused-appellant Vinod and co-accused Nawal Singh for offence u/Ss.302, 451 & 34 IPC with the contention that his uncle's son Nandu came to his own house. He was also standing at the door of his house. At about 8.00 p.m., Vinod (appellant) and Nawla both came to the house of Nandu. They called Nandu outside the house. Nandu came at the door of his house; at that time, Vinod hit Nandu on his chest at left side with ballam. Nandu immediately fell down. Both the assailants ran away; at that time, daughters of Nandu viz. Seeta & Seema and other persons namely; Sitaram, Dhanraj, Ram Singh, Mathura and Samrath came there. All saw the incident. Ballam was taken out from the chest of the deceased. Thereafter, Written Report (Ex.P.8) has been lodged at 9.00 p.m. at Police Station Kasba. Dead-body of Nandu has also been taken to the police station. Formal FIR No.97/2004 (Ex.P.9) has been registered and after usual investigation, charge-sheet has been filed against the accused-appellant-Vinod and co-accused Nawla @Nawal Singh for offence under Sections 302 & 451/34 IPC, which was committed to the Court of Sessions i.e. Additional Sessions Judge (Fast Track) Baran.