HARISH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Harish Chandra Pappu stands convicted by the learned Sessions Judge, Sirohi under Sec. 302 IPC. He was sentenced to undergo imprisonment for life and pay a fine of Rs. 100/-; in default to further undergo 15 days rigorous imprisonment.

(2.) The case Telates to the murder of Hansia on 11.8.1990 in village Satpur. The prosecution case is that deceased Hansia was convicted for murdering one Bhika Lal. After undergoing the imprisonment he was released from Jail on 7.9.89. On the date of occurrence deceased Hansia was going on cycle towards his house at about 8.15 AM. Accused who happens to be brother of Bhikalal, who was murdered by Hansia (deceased) followed him on the cycle and stabbed him in his back by knife. Hansia fell clown. Accused again inflicted knife blows on his chest stomach and right arm. The occurrence was witnessed by Laxmi Chand, brother of deceased Hansia as he was going to ease himself in the pond area. The FIR (Ex p. 23) was lodged by Laxmi Chand at 8.40 AM. on which C.R. No.228/90 was registered. In the FIR it was stated that because of the injuries caused by the accused. Hansia has died. The police inspected the site collected the material found at the spot interrogated the witnesses, arrested the accused and on his information recovered a knife and his clothes having blood marks. The post mortem of the body was conducted by Dr. Bhanwar Singh PW 14 who prepared the post mortem report Ex. p. 36. On the completion of investigation the challan was submitted. The learned Sessions Judge charged the accused with the offence under Sec. 302 IPC who pleaded not guilty. The prosecution examined P.W. 1 Shanker Lal, P.W. 2 Limba Ram. P.W. 3 Shanker Lal, P.W. 4 Rawatram, P.W. 5 Satish Chandra Gupta, P.W. 6 Laxmi Chand, P.W. 7 Ramchandra. P.W. 8 Gopsingh, P.W. 9 Poonam Singh, P.W. 10 Hansmukh Lal, PW. 11. Chandan Singh. PW. 12 Devendra Kumar Devilal. P.W. 13 Bhanwar Singh and P.W. 14 Dr. Bhanwar Singh. Accused in his statement recorded under Sec. 313 Cr. P. C. denied having committed any offence. He denied the recovery of knife or the clothes. The learned Sessions Judge however, believed the prosecution evidence and convicted and sentenced the accused as above.

(3.) We have heard the arguments of learned counsel for the appellant and the learned Public Prosecutor appearing for the State respondent and perused the record of the case.