KALU @YASHWANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed u/S.374 Cr.P.C. against the judgment dated 02/05/2005 passed by Additional Sessions Judge (Fast Track) No.1, Jhalawar in Sessions Case No.17/2005 (State Vs. Kalu @Yashwant) whereby, the accused -appellant has been convicted for offence u/S.302 & 341 IPC & Section 4/25 of the Arms Act and has been sentenced, as under: -

(2.) THE facts giving rise to this appeal in brief are that Rajkumar (PW8) lodged a written report (Ex.P7) at Police Station Bhawani Mandi, Jhalawar with the contention that at about 81/2 -9 p.m., his brother Narayan Singh was going to his house on foot. Kalia @Yashwant, Satyanarayan Sodiya, Udai Singh Sodiya and Daulat Sodiya all stopped him in front of his STD shop. Kalia inflicted knife blow in his stomach, chest, hand and thighs. He fell down and on hearing his cries, Bhojraj, Santram, Gokul and Arjun all came running. He was taken to the Government Hospital Bhawani Mandi; wherefrom, he was referred to the Jhalawar Hospital, where the doctor declared him dead. On written report (Ex.P7), FIR No.234/2004 was registered at Police Station Bhawani Mandi vide Ex.P.8 and after usual investigation, charge -sheet was filed against the appellant. He was put to trial and the trial was entrusted to Additional Sessions Judge (Fast Track) No.3, Jhalawar, which court after committal, framed charge against accused -appellant for offence 341 and 302 IPC and Section 4/25 of the Arms Act. The charge was read over to the appellant but he denied the same and claimed trial.

(3.) TO support the case, the prosecution produced 19 witnesses from PW1 to PW19 and exhibited 21 documents from Ex.P1 to Ex.P21, whereas from the side of the defence, Tejmal was examined as DW1 and in documentary evidence, the defence exhibited 5 documents from Ex.D1 to Ex.D5 and the accused -appellant was examined u/S.313 Cr.P.C.