STATE OF RAJASTHAN Vs. MOHAN SINGH & ANOTHER

JUDGEMENT

(1.) State of Rajasthan has preferred present appeal against acquittal to assail the impugned judgment dated 15.10.1986 rendered by the Court of Sessions Judge, Kota, whereby accused respondents Mohan Singh and Nihal Ahmad were acquitted of offence under Section 302 I.P.C., in alternate of offence under Section 302 r.w. 34 IPC.

(2.) In brief, case of the prosecution is that on 3.8.1985 at about 10.30 AM in a crossing of Kota cantonment, near Tempo Stand, both the appellants had caused knife injuries to Gopal which resulted into his death. The accused have pleaded not guilty to the above said charges and claimed trial. The prosecution to secure conviction of the accused-respondents, examined eleven witnesses, namely Rauf Khan (PW.1), Badri Lal (PW.2), Hanuman (PW.3), Sadakat (PW.4), Shafi Mohd. (PW.5), Nand Kishore (PW.6), Mahendra Singh (PW.7), Vikram Rajawat (PW.8), Bheem Sen (PW.9), Dr. P.D. Vijay (PW.10) and Shiv Dutt Sharma (PW.11). Thereafter statements of accused were recorded under Section 313 Cr.P.C. Accused in his defence examined Dr. Jai Singh (DW.1). Upon examination of defence witness, the trial court examined Dr. S.P. Pareek (CW.1) and Dr. S.S. Bhalla (CW.2). The case of the prosecution rest upon the statement (Ex.P.3) of Gopal injured recorded by the Investigating Officer in presence of Dr. P.D. Vijay (PW.10).

(3.) Injuries were caused to Gopal on 3.8.1985 at 10.30 AM. His statement (Ex.P.3) was recorded on 3.8.1985 at 10.40 AM in presence of Dr. P.D. Vijay (PW.10) who had appended a certificate below the said statement. Gopal succumbed to his injuries on 3.8.1985 at 11.20 AM. Thus, statement (Ex.P.3) has been termed as dying declaration.