BHERULAL; SURESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON 9.3.2005 at tea shop of Bala Shankar (P.W.11), Bherulal accompanied by Suresh Chand came. Bherulal was armed with a knife and in presence of Durgalal (P.W.1), Satyanarain (P.W.9), Menaram (P.W.10) and Bala Shankar (P.W.11), owner of the tea shop, he caused injuries with knife blow to Ghanshyam. As a result of the injuries caused by Bherulal, Ghanshyam died on the way to the hospital. Suresh Chand, appellant, is said to have accompanied Bherulal, but as per written report (Ex.P.1) has not caused any injury to Ghanshyam.

(2.) BOTH the appellant Bherulal and Suresh Chand were sent for trial. The court of Additional Sessions Judge (Fast Track) No.1, Jhalawar vide impugned judgment dated 14.6.2005 convicted Bherulal substantively for offence under Section 302 IPC and Section 4/25, Arms Act. Suresh Chand was convicted for offence under Section 302/34 IPC. Having convicted the appellants vide impugned judgment dated 14.6.2005, vide a separate order of even date both the appellants were sentenced as under: -

(3.) IN the present case, occurrence has taken place on 9.3.2005 at 6:00 PM. Written report was presented at the hospital at 10.30 AM, formal FIR was registered on the intervening night of 9.3.2005 and 10.3.2005 at 00.15 AM. Special report reached at Ilaka Magistrate at 2.00 PM. The investigating agency concluded the investigation and submitted a charge -sheet against the accused appellants before the ACJM, Bhawanimandi. The said court committed the case to the court of Sessions and same was entrusted for trial to the Additional Sessions Judge (Fast Track) No.1, Jhalawar.