BHAGWAN @ ADITYA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Nov. 1, 1993, whereby, the appellant was convicted under Sec. 302 Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Rs. 200.00, in default of payment of fine, to undergo six months' rigorous imprisonment.

(2.) The facts of the case are extensively set out in the impugned judgment of the learned trial Court and they indicate that deceased Narottam had come to the appellant's betel shop at about 9.00 p.m. on 14.1.1993 and on a petty dispute about payment of the price of betel the appellant Is alleged to have Inflicted a blow with a scissors. On getting an anonymous telephonic message at the Police Station, Sangod, Sub-Inspector Bhoma Ram went to the hospital Sangod and recorded 'Parcha Bayan' of Narottam at about 9.15 p.m. In the 'parcha bayan' he stated the above facts and also stated the presence of Chandra Prakash and Ram Chandra at the scene of occurrence at the time of incident. On the basis of 'parcha bayan' Crime No. 21/93 was registered under Sec. 307 IPC. The injuries of Narottam were examined by Dr. R.K. Sharma at 9.45 p.m. on 15.1.1993. Injured Narottam succumbed to his injuries on 18.1.1993. As such, the offence under Sec. 302 Penal Code was added. The Police after usual investigation submitted a charge-sheet against the appellant in the Court of the concerning Magistrate who committed the case to the Court of Sessions Judge, Kota from where it was handed over to the Additional Sessions Judge No. 3, Kota.

(3.) At the time of trial, charge under Sec. 302 Penal Code was framed against the appellant. The prosecution examined 17 witnesses for seeking conviction of the appellant. The plea of the accused, under Sec. 313 Crimial P.C., was of denial. One witness, namely : Devki Nandan was examined in defence. The learned trial Court placing reliance on the testimony of PW 3 Chandra Prakash, PW 4 Girraj Prasad, PW 5 Ram Charan and dying declaration Ex. P 16 recorded by (PW 17) Shyam Lai Judicial Magistrate convicted and sentenced the appellant as stated above.