NIRANTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The sole appellant has been convicted and sentenced under section 302 I.RC. to life imprisonment and to pay a fine of Rs. 500.00 (in default of payment of fine to undergo rigorous imprisonment for two months) vide judgment dated July 20, 1993 in Sessions Case No. 90/91 for committing murder of one Ashok Kumar aged 20-21 years. The appellant has preferred this appeal against the aforesaid judgment and challenges his conviction and sentence.

(2.) The facts reveal that the incident took place at about 6 p.m. on July 26, 1991 in Nutan Market in front of the shop of PW. 14, Ram Avtar in the town of Pilani. RW. 14 Ram Avtar was running a 'betle shop' and also used to let Novels on hire for reading purposes. The deceased Ashok Kumar had come to his shop to purchase 'Gutka' (a small packet containing mixture of Pan, hard-nut and Zerda). The appellant had also come there to take a Novel on hire. Some oral altercation ensued between the appellant and Ram Avtar when the latter asked him to tell the name of the Novel as he wanted to note the same in the Register and the appellant abused him. The deceased intervened and asked the appellant to behave decently. Whereupon, the appellant caught his collar asking him as to who was he to teach him manners. Then, they entangled in a scuffle, but were separated by the witness Ram Avtar and other shop keepers. Thereafter, the appellant left the place throwing a challenge to the deceased to stay there and wait for him for ten minutes. Ashok remained sitting on the shop of Ram Avtar and after ten minutes or so, the appellant came on the spot on an Auto-Cycle (Vikki) with a 'Katar' in his hand and soon after reaching on the spot, he rushed at Ashok Kumar and inflicted a blow on his chest. Ashok Kumar, in order to save him, tried to run away, but he was chased by the appellant and two more blows were inflicted with the Katar possessed by him. Ashok Kumar fell down on the ground and the appellant ran away from the place leaving his Auto-Cycle there. The injured Ashok Kumar was immediately shifted to the Hospital at Chirawa in a Jeep by PWs. Prem Prakash, Daya Nand, Ram Avtar, Dalip Singh and Roshan Singh. However, he breathed his last in the way and by the time they reched at the hospital he was declared dead by the Doctor. Thereafter, a written report of the incident was made at Police Station, Pilani by PW. 7, Prem Prakash at 8.30 p.m. on the same day. On this report, Crime No. 92/93 was registered under Sec. 302 IPC.

(3.) After registration of the case, investigation commenced. Site-plan of the place of incident and site inspection report were prepared which are Exs.P 9 and P 9A on record. The Auto Cycle was also seized vide memo Ex.P 10. The dead body of the deceased Ashok Kumar was inspected and inspection report Ex.R 14 and inquest report Ex.R 15 were prepared by the Investigating Officer Shri Jafar Ali. The clothes of the deceased were also seized vide memo Ex.P. 16. The appellant was arrested on 28.7.91 vide arrest memo Ex. 17 and on his information, the weapon of the offence Katar' was recovered on 4.8.91 vide Ex.P. 11. The 'Katar' was sent to Forensic Science Laboratory, Rajasthan, Jaipur for examination and human blood was detected on the 'Katar' vide report Ex.R 20. After completion of the investigation, a charge-sheet was filed against the appellant under Sec. 302 I.RC. and Sec. 4/25 of the Indian Arms Act. As the case was exclusively triable by the Court of Sessions, it was committed to the Court of learned Sessions Judge, Jhunjhunu, where charges under Sections 302 Penal Code and 4/25 of the Indian Arms Act were framed against the appellant on 16.1.92. Who pleaded not guilty. During trial, 16 witnesses were examined by the prosecution. Shri Brijesh Kumar Dagra, the then Munsiff and Judicial Magistrate, Chirawa was examined as a Court witness. The plea of the accused was that of denial. No witness was examined in defence. The learned trial Judge, after completion of the trial convicted and sentenced the appellant as aforesaid.