KAMAL NAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgment dated May 27, 2002 of the learned Special Judge SC/st (Prevention of Atrocities Cases) Alwar whereby Kamal Nayan 2 Bablu and Anil Kumar, the appellants herein, have been respectively convicted under Section 302/34 and 302 IPC and sentenced to suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer rigorous imprisonment for six months.

(2.) THE prosecution story runs as under: THE informant Kamla Devi (PW-1) lodged a written report on July 11, 2000 at the Police Station Kotwali Alwar stating therein that on the said day around 2 p. m. while her husband and son were not at home Hariram, Anil and Arun Athwal gave beating to her. Against at 3. 30 p. m. they came to her house, quarreled with her and told her that they had already killed her son and they would now kill her husband. On inquiry she found that these miscreants had stabbed her son near old temple of Jagannathji and he was admitted in the hospital. On that report a case under Section 307 IPC was registered and investigation commenced. THE injured Rajesh was referred to Jaipur, but on the way he succumbed to the injuries and Section 302 IPC came to be added. Dead body was subjected to autopsy. Statements of witnesses under Section 161 Cr. P. C. were recorded. THE appellants were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge SC/st (Prevention of Atrocities Cases) Alwar. Charges under Sections 302, 302/34 IPC and 3 (2) (5) SC/st (PA) Act were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 15 witnesses and exhibited 21 documents. In the explanation under Section 313 Cr. P. C. , the appellants claimed innocence. Kamal Nayan stated that he was not in a position to catch hold of the deceased since 2-3 days prior to the incident he sustained grievous injuries over his right shoulder and left ulna in a scooter accident. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated hereinabove.

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