LALA ALIAS ASHOK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated July 26, 2003 of the learned Additional Sessions Judge (Fast Track) Sikar whereby appellant was convicted and sentenced as under:- U/s. 302 IPC: To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for three months. U/s. 452 IPC: To suffer rigorous imprisonment for three years and fine of Rs. 500/-, in default to further suffer imprisonment for one month. U/s. 324 IPC: To suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer imprisonment for one month. Substantive sentences were ordered to run concurrently.

(2.) AS per the prosecution case on October 31, 1997 around 1. 30 PM while Babu Lal (Pw. 1) was sitting at tea-shop, Lala @ AShok (appellant) came to him and asked him to consume liquor, when Babu Lal did not agree, Lala hurled abuses and went to his house. After about 45 minutes Lala, Pushkar, Veera, Natthu and Mahendra entered the house of Babu Lal. Lala gave blow on the head of Babu Lal with sharp edged weapon, Mahendra, Veera and Natthu inflicted blows with lathis, Lala gave blow with knife on the person of Shiv Bhagwan and Pushkar caused injury with Barchhi. Injured Babu Lal and Shiv Bhagwan were removed to hospital where Shiv Bhagwan succumbed to his injuries. Police recorded Parcha Bayan of Babu Lal. On the parcha bayan a case under sections 147, 148, 149, 452, 323 and 302 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Sikar. Charges under sections 148, 452, 302/149, 323/149 and 324/149 IPC were framed, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 6 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) IN the facts and circumstances of the case we can impute the intention to appellant that injury inflicted by him on the vital part of the body of the deceased was likely to cause death and this act of appellant comes within the mischief of Section 304 Par I of the INdian Penal Code.