PREM SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Prem Shanker was tried for an offence Under Sec. 302 Penal Code alongwith two other accused persons who were charged under Sec. 302 r/w Sec. 34 of the IPC. The appellant has been convicted and sentenced to undergo life imprisonment with Rs. 1000.00 as fine. The two other accused persons were acquitted giving them benefit of doubt.

(2.) Jugal Kishore PW 1 neighbour of the deceased Shyamlal lodged a report at 8.30 P.M. on 17.4.88 about the incident which had taken place at 7.40 P.M. in Udaipur. He informed that he was sitting on a Chabutra in his locality on the date of the incident which was a Sunday. A film was being shown on the Television and after the interval deceased Shyamlal was viewing the television standing near the shop of Manaklal Teli and then went to smoke Bidi on Badi Holi. Prakash also had gone to purchase Candle Stick at the Grocers shop. Lacchu, Prem Shanker, Hemprakash and Laluram were standing there. Lacchu, Prem Shanker and Hemprakash had a altercation with Prakash Bhoi and these three persons started beating Prakash. On this, Shyamlal and Jugal Kishore also went there. On Shyamlal trying to intervene, Lacchu, Prem Shanker and Hemprakash pounced on Shyamlal and started beating him. Lacchu showered kicks and fist blows on Shyamlal. Prem Shanker drew a knife and hit Shyamlal on the eyes, chest, stomach and private parts. Shyamlal got severely injured, blood started oozing from his body and his clothes got soaked in blood. Hemprakash assaulted Shyamlal with Zara and also tried to beat Jugal Kishore. On Jugal Kishore shouting, Tara Chand, elder brother of Shyamlal and his wife Sita Bai also arrived on the spot. The three accused persons ran away. Shyamlal tried to chase them, but fell down because of injuries. Jugal Kishore took him to the hospital and then went to police station to lodge the report Shyamlal died later on. On trial the appellant was convicted and sentenced as aforesaid.

(3.) PW 1 Jugal Kishore reiterated the story given by him in the FIR. In statement at the trial he stated that Prem Shanker, Hem Prakash, Lacchu were beating Prakash Bhol by showering fist blows and kicks on him. Deceased Shyamlal tried to intervene on which Prem Shanker, Hem Prakash and Lacchu pounced upon Shyamlal. Prem Shanker drew a knife and hit Shyamlal on the Chest, then he hit Shyamlal in the abdomen and then he hit him with knife on eyes, he had also given one knife blow on private parts of Shyamlal. Hem Prakash had assaulted Shyamlal with Zara. He also stated that Hem Prakash gave several blows of Zara to Shyamlal. PW 8 Prakash Bhoi stated that at the time of incident he had gone to purchase Candle Stick, as he was returning Prem Shanker who had come to buy a Cigarette on the shop stumbled on him and Prem Shanker accosted Prakash Bhoi as to why he dashed against him. Prem Shanker tried to caught hold of him and Hern Prakash and Lacchu also joined in the quarrel against Prakash Bhoi, Shyamlal, Jugal Kishore and Laluram also, came on the spot. Shyamlal intervened and rescued Prakash. On this Hem Prakash hit Shyam Lal with a Zara and leaving Prakash started assaulting Shyamlal. Hem Prakash was giving Zara blows to Shyamlal and Lacchu was showering fist blows and kicks. Prem Shanker hit Shyamlal with a knife on the ribs and intestine and in the abdomen. Shyamlal fell down injured and started bleeding. On hearing the shouts Tara Chand and Sita Bai came on the spot, then the accused fled away. A suggestion was given to this witness in the cross-examination that in fact he was the assailant and had hit Shyamlal with a knife. PW 10 Laluram also deposed to the fact that Lacchu, Hem Prakash had caught hold of Shyamlal and taken him towards Badi Holi. Prem Shanker took out knife from his pocket and started assaulting Shyamlal. However, this witness states to have seen the incident from a distance. PW 13 Radhey Shyam and PW 14 Sita Bai did not support the prosecution and were declared hostile. PW 16 Dr. Anish Ahmed testified to the injuries received by the deceased. There were as many as nine incised wounds and two stab wounds received by the deceased. In his opinion the cause of death was shock and excessive haemorrhage because of injuries to liver and right kidney and as also other injuries. He testified that all the injuries were anti-mortem and were sufficient to cause death. Prem Shankers wife Pappi was examined as defence witness. She deposed that Prem Shanker belongs to Vaishnav caste and as she had married Prem Shanker, Bhois are on inimical terms with them. She belongs to Bhoi caste and her Bhoi relatives entertain a grouse against Prem Shanker. DW 2 Brij Kishore has been examined by the defence to show that none of the accused persons was engaged in business of dealing in Kerosene. This was to meet the statement In the dying declaration of Shyamlal that one of the assailants was dealer in Kerosene.