MOHD. IQBAL @ RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The sole appellant has preferred this appeal against the judgment and order dated October 20, 1994 passed by the learned Special Judge, SC/ST Prevention of Atrocities Cases, Jhalawar, in Sessions Case No. 161/94 (Old case No. 163/93) whereby he has been convicted under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 1,000/7. In default of payment of fine, he was awarded further six months rigorous imprisonment.

(2.) The appellant was put on trial under Section 302 IPC and under Section 3(3)(5) of the Scheduled Cassete/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989') for causing murder of Kuldeep at about 9.15 RM. on April 8, 1993 in Mohalla-Baseda, Jhalawar. The report of the incident was made without any loss of time at 10.10 p.m. in the same night at Police Station, Jalawar by PW-1 Ram Swaroop, the father of the deceased, who was also an eye- witness of the occurrence. The prosecution case as unfolded in first information report (for short 'FIR') is that the appellant had previous enmity with the deceased Kuldeep arid while he was returning home from the market at about 9.15 p.m., and passing in front of the house of the appellant, he was assaulted by the appellant and his younger brother Mohd. Irshad, who inflicted successive knife blows on his person. It was alleged that on hearing the cries, the informants-Ram Swaroop, Brij Mohan and one Laxmi Narain, rushed to the place of occurrence and saw the assailants inflicting knife blows to Kuldeep, who ran away seeing the witnesses.

(3.) Initially, the case was registered under Section 307 and 34 IPC as injured Kuldeep was alive at that, but after his death offence under Section 302 IPC was also added. After registeration of the case, investigation commenced. The Investigating Officer, PW-8-Mavendra Singh prepared inquest report (Ex.R 2) of the deceased Kuldeep. The site of incident was also inspected by him and site-plan Ex. 4 was prepared. The blood-smeared sand and control sand were obtained from the place of occurrence. The accused-appellant was arrested and on his information a knife was recovered.