KAMAL ALIAS KAMLESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two D.B. Criminal Appeals arise out of the judgment passed by the learned Addl. Sessions Judge Gangapur City, dated 20th December, 1977, in Sessions Case No. 68 of 1979. State v. Kamal and 15 Ors. convicting and sentencing the appellants Namai and Kasali under Section 302, IPC to imprisonment for life and a fine of Rs. 500/ - and in default of payment of fine to further undergo 2 month's simple imprisonment.

(2.) KAMAL is appellant in D.B. Cr. Appeal No. 34 of 1978 and Kasali is appellant in D.B. Cr. Appeal No. 134 of 1978

(3.) THE prosecution has examined nine witnesses to prove the charge against the appellant and produced 47 documents, which are Ex. P1 to Ex. P/47, while the accused have produced four documents, which are Ex. D1 to Ex. D/4. The witnesses examined are PW 1 Gauri Lal, PW2 Babu Lal, PW 3 Bajrang Singh, PW 4 Kalyani, PW 5 Dr. Ghanshyam Prasad, PW6 Kanchan, PW 7 Sukhrajpal, PW 8 Ram Kishan Singh and PW/9 Badan Singh. PW 1 Guari Lai was declared hostile. PW 4 Babu Lal is a witness to prove seizure memo of the dead body of the deceased, Angad and Mishriya. He also proves the Panchnama -lash Ex. P 4. He also proved site -memo Ex. P5 and the seizure memos Ex. P6 and Ex. P7 of certain articles. PW 3 Bajrang Singh is a witness to whom the parcha -bayan Ex P8 of Smt. Kalyani was given by constable, on which he registered a case vide FIR Ex. P9 Smt. Kalyani is an eye -witness to the occurrence. She is mother of Angad and sister of Mishriya. PW5 Ghanshyam Prasad Gupta is the Doctor who conducted post -mortem and prepared post -mortem reports Ex. P 10 of deceased Mishriya and Ex. P11 of deceased Angad. PW 6 Kanchan is the daughter of Smt. Kalyani. Sukhraj Pal is PW 7. He has deposed that he recorded the statement of Smt. Kalyani and sent the same to Thana Garhmora. He also prepared Panchnama -lash Ex. P4. He also prepared Ex. P6. PW 8 Ram Kishan Singh took seven sealed pockets from Thana Bamanwas to Jaipur for chemical examination. PW 9 Badan Singh has stated to have received FIR Ex P 9 ard the case file from PW 7 Sukhrajpal. He investigated the case. He prepared site memo Ex P5. On the information given -by the accused recoveries were made Ex P33 to Ex P 45. On the information given by the accused, Kamal, on 9 -8 -1976 the sword Article 2 was recovered which was stained with blood. Recovery memo Ex. P4 was prepared by this witness. On the information given by the appellant, Kasali Ex. P4, a Kulhari Article 1 was recovered. The recovery memo is Ex 42.