SHANKER LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Assailed herein is the judgment and order dtd. 15/10/1993, passed by the learned Additional Sessions Judge, No.2, Sriganganagar in Sessions Case No.54/92 (61/92) whereby the appellants have been convicted and sentenced as under:-

(2.) The case originated from an FIR lodged on 14/6/1992 at Police Station Kotwali, Sriganganagar, based on a statement by Amar Singh (now deceased) wherein he alleged that he used to sell fruits near the Government Girls College and, on the day of the incident, accused-appellant No.1, Shanker, placed his fruit-cart while obstructing in Amar Singh's cart. In response, Amar Singh's son, Rakesh, moved Shanker's cart. Later at around 9.00 p.m., enraged, Shanker, along with accused-appellant No.2 Mahendra, and his father-in-law and brothers-in-law, all armed with knives, surrounded Amar Singh and began attacking him. Shanker allegedly stabbed him in the stomach, while Mahendra stabbed him in the back. On hearing his cries, Rakesh and others rushed to the scene, prompting the attackers to flee.

(3.) Learned counsel for the accused-appellants, while challenging the impugned judgment has made the following submissions:-