SHANKAR YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the instant appeal challenge is made to the judgment dated July 7, 2004 of the learned Additional Sessions Judge (Fast rack) No. 1 Alwar whereby the appellant was convicted and sentenced as under:- u/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 10,000/-, in default to further suffer rigorous imprisonment for two years. u/s. 460 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 2,000/-, in default to further suffer rigorous imprisonment for one year. u/s. 333 IPC: To suffer rigorous imprisonment for seven years and fine of Rs. 1,000/-, in default to further suffer rigorous imprisonment for six months. u/s. 332 IPC: To suffer rigorous imprisonment for three years. u/s. 353 IPC: To suffer rigorous imprisonment for two years. u/s. 3/25 Arms Act: To suffer rigorous imprisonment for three years and fine of Rs. 3,000/- in default to further suffer rigorous imprisonment for one year. u/s. 4/25 Arms Act: To suffer rigorous imprisonment for one year and fine of Rs. 500/- in default to further suffer rigorous imprisonment for three months. The substantive sentences were ordered to run concurrently.

(2.) IT is the prosecution case that on October 17, 1989 at 1. 05 AM informant Amar Singh, (PW. 4) Sub Inspector submitted a written report (Ex. P. 12) at PS MIA Alwar to the effect that on receiving telephonic message that a person was wandering on the roof of house No. 220, Scheme No. 8 Alwar, he rushed to the spot with police squad where Kamal Singh Yadav, owner of the house told him that the miscreant was on the roof and had revolver. The police party pursuaded the miscreant to come down. In the meanwhile when Raghunath Prasad SI made attempt to catch hold of him, the miscreant inflicted katar-blow on the neck of Raghunath Prasad. The miscreant thereafter was over powered by Bhagat Ram who snatched the revolver and katar from the miscreant. The miscreant disclosed his name as Shankar Yadav. The Police Station MIA Alwar registered a case under Sections 302, 332, 353 IPC and 3/25 Arms Act against the appellant and investigation commenced. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1 Alwar. Charges under Sections 302, 460, 333, 332, 353 IPC and 3/25 & 4/25 Arms Act were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 21 witnesses. In the explanation under Sec. 313 Cr. PC. , the appellant claimed innocence. Four witnesses in defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) SALIENT features appears from the record are as under:- (i) There was dispute regarding the house between the appellant and Kamal Singh (cousin brother of appellant's wife ). (ii) The house from where the appellant was arrested was alleged to have given in dowry to appellant. (iii) The appellant was caught hold of by the police personnels from the roof and he was being taken down from the roof. (iv) The appellant was beaten up by police personnels at the behest of Kamal Singh and the appellant also sustained injuries. (v) In FIR the appellant was not shown to have katar in his hand. (vi) The deceased sustained only one injury over his neck.