SURENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by accused -appellant Surendra Singh challenging the impugned -judgment dated 20/01/2006 passed by learned Additional District & Sessions Judge (Fast Track) Sikar in Sessions Case No.34/2005 whereby, the accused -appellant has been convicted and sentenced for offence u/Ss.302 & 324 IPC and has been sentenced, as under: -

(2.) THE case of the prosecution is that injured Hem Singh (PW1) gave a Parcha Bayan (Ex.P.1) while admitted in the Government Hospital Churu that on 12/11/2004 at about 8.00 p.m., his friend Shambhu Singh came to meet him. They took dinner together and, thereafter, when Shamshu Singh was going back, informant Hem Singh has accompanied him to have the 'gutka' together and both went at the shop in a jeep and when they reached near the shop of 'gutka', Surendra Singh Rajput, who was sitting on his flour mill adjacent to the shop came there and told them to leave from there otherwise, he will kill them. Hem Singh and Shambhu Singh both persuaded him not to quarrel as they are about to leave the place but Surendra Singh Rajput caught hold of Shambhu Singh with intention to kill him and pierced knife in his abdomen. When Hem Singh tried to stop him, Surendra Singh Rajput also attacked Hem Singh, who suffered injuries on left arm and back. On raising alarm, villagers came there. Shambhu Singh was shifted to Churu Hospital, where he died. On this information, FIR No.72/2004 (Ex.P.22) has been registered at Police Station, Ramgarh Sethan and after usual investigation, charge -sheet has been filed against the accused -appellant, which was committed to the Court of Sessions i.e. Additional Sessions Judge (Fast Track), Sikar.

(3.) AFTER committal of the case, the trial court framed the charge against the accused -appellant for offence u/Ss.302, 307 and 324 IPC but he denied the charges and claimed to be tried.