SATNAMSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15-3-1995 of the learned Addl. Sessions Judge No. 2, Sri Ganganagar whereby the accused-appellant Satnamsingh was held guilty of the offence under S. 302, IPC and was sentenced to imprisonment for life together with a fine of Rs. 1,000/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) The prosecution case, as unfolded at the trial, may be stated as follows. On 26-8-1992 at about 10.55 P.M. deceased Munir Khan was coming from the side of the Police Station and was going to his house on his Priya Scooter. He was proceeding on the extreme left of the Road. When he reached near Anand Chhabra's Clinic on the Suratgarh - Bikaner Road, the accused who was waiting for Munir Khan near the Office of the Public Works Department Majdoor Union, sat on his Truck No. RSC 1313 and drove it behind Shri Munir Khan at a very fast speed. He wanted to intentionally crush Munir Khan under the truck. With that object, he drove the truck and came to the left of Munir Khan and hit him with great force from behind. He swerved the truck in such a way that Munir Khan was trapped under the right wheel. Munir Khan was ran over and crushed by the above Vehicle. After running over Munir Khan, the vehicle of the accused hit the stone slabs marked 'BG' as shown in the Site Plan Ex.P.5. Therefrom, the accused took a right turn and after crossing the road hit the electricity pole 'E'. The electricity Pole was damaged. The truck then stopped. The accused immediately alighted from the truck and fled towards CSF Farm. This occurrence was witnessed by P.W. 4 Pradeep Kumar who happened to pass through the above road while going to his house from the Market.

(3.) After the above incident, many persons including P.W. 8 Saleem, P.W. 6 Riazuddin and P.W. 5 Mangilal assembled there. P.W. 1 Pradeep Kumar saw a jeep coming towards that site. He intercepted the same and with the help of other persons lifted Munir Khan in seriously injured condition and rushed to the Govt. Hospital which was not far away from that place. After reaching the Hospital, the Doctor on Duty examined Munir Khan and declared him dead. P.W. 4 Pradeep Kumar then went to the Police Station, Suratgarh and lodged a written FIR Ex.P4 at 11.15 P.M.