VISHNUMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment of conviction and order of sentence dated 24.9.2005, passed by the Additional Sessions Judge (Fast Track), Sikar, whereby the appellants have been convicted and sentenced for causing murder of Ashok Sharma and maximum sentence awarded is life imprisonment. The details of conviction and sentence find mention in cause title of the appeal.

(2.) KAMAL Kumar Sharma (P.W.15), the complainant is having a tea stall at Subhash Chowk. His two brothers, namely Rajaram and Ashok Sharma used to assist him at the tea stall. Two brothers, namely Radheyshyam and Vimal Sharma were having cart vend in the market. Vishnu Sindhi and his three sons, namely Naresh @ Nandu, Sonu @ Lal Chand and Lalit @ Ramu were also having a cart vend in the market for selling cosmetic and ready -made garments. It is submitted in the FIR that daily in the Subhash Chowk, there used to be dispute between cart vendors regarding placement of carts. It is further stated in the FIR that on 10.6.2004, at about 7:30 PM, accused started beating Radheyshyam over the placement of the cart. The crowd gathered after hearing noise. Kamal Kumar Sharma, the first informant, Radheyshyam (P.W.11) and Ashok Sharma were also attracted to the spot. It is stated that when Ashok Sharma intervened, Vishnu Sindhi and his three sons picked knives from the cart and caused injuries to Ashok Sharma. Ashok Sharma was immediately brought to the Kalyan Hospital, where he was declared dead by the doctor. Narrating above facts, Kamal Kumar Sharma (P.W.15) had submitted a written report (Exhibit -P/17) before Heera Lal (P.W.17), who was then posted as S.H.O., Police Station Kotwali, Sikar. On the basis of above written report, formal FIR (Exhibit -P/18) was registered.

(3.) IN the present case, the occurrence had taken place on 10.6.2004 at 7:30 PM, at Subhash Chowk, Sikar. Kamal Kumar Sharma (P.W.15) submitted the written report (Exhibit -P/17) on 10.6.2004 at 8:35 PM and the special report reached Illaqa Magistrate on 11.6.2004 at 7:30 AM at Sikar itself. Dr. G.R. Tanwar (P.W.7) on 11.6.2004 at 9:00 AM, had conducted the autopsy on the dead body of the deceased, Ashok Sharma. As per Post Mortem Report (Exhibit -P/10), following injuries were found on the person of Ashok Sharma: -