KAPIL GAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Kapil Gaur has been convicted of offence under Sections 302 Penal Code and sentenced to imprisonment for life together with a fine of Rs.5000.00 & in default, to further undergo two years' imprisonment, by the judgment of the learned Additional Sessions Judge (Fast Track), Sirohi dated 13.11.2002. He has also been convicted of offence u/s.324 Penal Code and sentenced to two years' rigorous imprisonment together with a fine of Rs.2000.00 & in default, to further undergo six months' imprisonmnt. Both the sentences were ordered to run concurrently.

(2.) On 21.9.1995 at about 3.00 P.M., while deceased Dinesh, a student of 12th Standard, alongwith his classmates P.W.2 Basant and P.W.4 Ashok were on the road outside the school gate, appellant arrived on a bicycle and reprimanded him for talking to the A.B.V.P.Students. He took out a knife from the socks and stabbed into the stomach of Dinesh. On intervention by P.W.2 Basant, appellant also inflicted injuries on his person by knife. P.W.3 Amit took injured Dinesh and Basant on a scooter to the hospital. The information of the incident was also given to the police. P.W.16 Bheem Singh, incharge of the Police Station, Sirohi recorded the statement of Dinesh vide Ex.P.26 which has been referred-to as 'parcha bayan'. On the basis of the said 'parcha bayan', the F.I.R. Ex.P.7 was registered for the offence under Sec. 307 IPC. Dinesh succumbed to the injuries in the hospital, as such, offence under Sec. 302 Penal Code was added. After usual investigation, the police laid chargesheet against the appellant for the said offence. The appellant denied the charges levelled against him and claimed trial. The prosecution adduced oral and documentary evidence in support of its case. Appellant in his statement under Sec. 313 Crimial P.C. denied the correctness of the evidence appearing against him. The appellant also pleaded that at the time of occurrence, he was 16 years and 10 months. In defence, he examined 7 witnesses and produced certain documents. The trial Court having found the charges proved, convicted & sentenced the appellant in the manner stated above.

(3.) We have heard learned counsel for the appellant and the learned Public Prosecutor. We have also carefully scrutinised the evidence on record.