NEM KUMAR & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal the appellants have challenged the judgment of trial court dated 15.4.91 whereby the trial court has convicted the appellants Nem Kumar and Mahavir @ Pappu for the offence u/s. 307 Penal Code and Radhey Shyam for the offence u/s. 304/34 Penal Code and sentenced each of them to undergo 5 years R.I. and fine of Rs. 100.00 in default of payment of fine undergo further one month R.I.

(2.) On 28.5.82 at 4.15 p.m. one Ramesh Kumar lodged a written report at Police Station Ramganj, Jaipur to the effect that complainant Ramesh Kumar was married to Kumari Saroj daughter of Banwari lal Agrawal, about two and half month ago. It was alleged in the report that on account of dowry accused-appellants, became angry with him, who happen to be father and brother of complainant, they asked to complainant Ramesh Kumar to bring dowry Rs. 35,000.00 from his father-in-law. When he refused to do so they became angry. On 28.5.92 in the morning the father & mother of complainant came and asked him as to why he opened separate shop. After some time accused-appellants Mahavir and Radhey Shyam came at his shop and abused him. The neighbours came to intervene but both the accused-appellants gave threatening of dire consequences. After some time on 28.5.82 while Ramesh Kumar and Siya Ram were coming on scooter No. RRB 6821 from the house of Siya Ram to the shop of complainant at about 4.15 p.m. near Ayurvedic college they found that accused-appellants were standing on road along with cycles. On seeing the complainant and Siya Ram, Radhey Shyam gave a lathi blow infront of the scooter as a result of which complainant and Siya Ram fell down from the scooter. Mahavir told that Ramesh will be finished. On this Nem Kumar father of the complainant inflicted knife blow in the abdomen of Siya Ram, Mahavir inflicted knife below on the abdomen of Ramesh and Radhey Shyam inflicted lathi blow on the left foot of Ramesh Kumar. Ram Narayan, Kallu Musalman and Manak Chand Jain and other persons witnessed this incident.

(3.) On this report the police registered the FIR (Ex.P 19). During the investigation four pairs of chappals, 2 cycles and 1 scooter RRB 6821 were seized from the place of incident. Sight-plan was prepared. The injured were taken to hospital. The statements of prosecution witnesses were recorded under Sec. 161 Crimial P.C. Thereafter the challan has been filed. During the trial the prosecution examined as many as 19 witnesses. The statements of accused-appellants came to be recorded under Sec. 313 Crimial P.C. The accused-appellants denied the allegations and stated that they have been implicated falsely, due to enmity. After considering the material on record the trial court convicted and sentenced the accused appellants as aforementioned. Being, dissatisfied with the judgment of trial court, the accused-appellants filed this appeal.