SUNDER Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment will also dispose of DB Criminal Appeal No. 197/93 "Gokal and Anr V. State of Rajasthan ' (the other appeal). The appellants in both these appeals were prosecuted in case FIR No. 151/88 of Police Station, Bansoor (Alwar) under sections 302, 307, and 341 Indian Penal Code read with section 34 Indian Penal Code and, after trial, accused-appellant Sunder was found guilty of having committed offences punishable under sections 302 and 307 Indian Penal Code besides under section 341 read with the section 34 Indian Penal Code and was sentenced to undergo life imprisonment and to pay a fine of Rs. 1000.00 or in default of payment of fine undergo rigorous imprisonment for a further period of six months in respect of the first offence; to undergo 10 years rigorous imprisonment and to pay a find of Rs. 500.00 or in default of payment of fine to undergo rigorous imprisonment for a further period of six months in respect of the second offence and to undergo one month's simple imprisonment and to pay a fine of Rs. 100.00 or in default of payment of fine to undergo simple imprisonment for a further period of 15 days in respect of the third offence with a direction that all the sentences would run concurrently. The accused appellants Gokul and Sugan were found to have committed offences punishable under sections 302/34,307/34 ad 341/34 Indian Penal Code and the sentences awarded to appellant-Sunder were also awarded to them. The prosecution story, in short, was as under :

(2.) On the evening of 30-10-1988, Kumar Sundari (PW-4) her mother Bhagwani (since deceased) and her sister Birma (Since deceased) had gone towards the hill in the jungle for easing themselves. While they were returning at about 5.00/5.30 PM appellant-Sunder, who was having a lathi and a knife in his hand, came there and started abusing them and threatened to kill them. Sundari along with her mother and sister started running, but appellants-Gokal and Sugan came from the opposite side and stopped them and, in the meanwhile, Sundari also reached the spot and tried to hit Bhagwani with the lathi, but Birma snatched the lathi from the hand of Sunder and threw it away. 'Thereupon. Sunder stabbed Bhagwani with the knife in his hand and when Birma tried to save Bhagwani, Gokul stabbed Birma with a knife and, thereafter, Sunder also stabbed Birma with knife. On receipt of the knife belows Bhagwani and Birma fell down, and Sunder gave a knife blows to Sunder which struck her at the right armpit. Hearing the alarm, Jhamman (PW-5) and Indraj (PW-6) came to the spot and , thereupon, all the three appellants ran away. Bhagwani and Birma died at the spot. Sundari (P-4) accompanied by Chhajuram (PW-7) went to the Police Station, Bansoor, where a case was registered at 7.30 P.M. vide the FIR No. 151/88. Rajpal Singh (PW-19), the SHO of the Police Station, Bansoor took over the investigation of the case. He recorded the statement (Ex-D-2) of Sundari under section 161 Crimial P.C. and recorded the statements of the witnesses at the spot. Next morning, he prepared site plan (Ex.P. 1), and took into possession the blood stained earth and the control earth besides some pieces of broken bangles. The postmortem examination on the dead bodies of Bhagwani and Birma was conducted on 31-8-1988 by Dr. Murarialal Gupta (PW-20) who found the following injury on the person of deceased Bhagwani :

(3.) He prepared postmortem report (Ex.P.29) in respect of Bhagwani and opined that cause of death was due to hemorrhagic shock due to stab wound. The doctor found following injuries on the person of Birma :