MANGAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PRESENT appeal has been filed by Mangal Singh S/o. Jagdish Singh who was tried for having caused murder of Raju @ Rajesh on 28.3.2005 at 11.45 AM by causing him injuries with a knife on the right side of his chest. The trial court came to the conclusion that the appellant was guilty of murder and sentenced him for offence under Section 302 IPC to undergo life imprisonment and pay a fine of Rs.1000/ -, in default thereof to undergo one month simple imprisonment.

(2.) CRIMINAL proceedings were set into motion on the basis of statement made by Raju @ Rajesh (Ex.P.14) recorded by Amar Singh (P.W.15) who was then posted as ASI, In -charge, Hospital Police Post falling within the jurisdiction of Police Station Kotwali, District Bundi.

(3.) IN his statement (Ex.P.14) Raju @ Rajesh deceased aged 23 years who was then admitted in Surgical Ward A, Bed No.1 in General Hospital, Bundi, stated that he alongwith Raju Gurjar both came at the jeep stand near gate of Gopal Singh Plaza from where passengers take jeeps for Khatkad Nainwa. They were sitting near tea vend operated from a cart. At about 11.45 AM Mangal Singh who ferry the passengers in a Jeep came. Without saying anything, Mangal Singh took out a knife and after catching hold of him, gave knife injuries on right side of his chest. Blood started oozing from his injuries. Raju Gurjar who was present there intervened and saved him, otherwise Mangal Singh would have caused more injuries with knife. Mangal Singh ran away from the spot. Virendra (P.W.1) friend of Raju @ Rajesh, who died subsequently, also came there. He got him admitted at Hospital, Bundi. There was no previous grudge between Raju @ Rajesh and Mangal Singh. Mangal in order to cause murder, gave knife blow.