NARAIN SONI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under S. 374(2) Cr. P.C. is directed against the judgment dated 24-1-1994 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar whereby the learned Addl. Sessions Judge has convicted the accused-appellants for the offence under S. 302/34 IPC and sentenced each of them to undergo rigorous imprisonment for life together with a fine of Rs. 500/- each and in default of payment of fine to further under go simple imprisonment for six months.

(2.) The case of the prosecution briefly stated is that on 13-12-1992, P.W. 7 Subhash Chandra, his brother Diwanchand, Om Prakash Middha and Om Prakash Verma were proceeding to Hospital through the Jail Road to meet somebody. When they reached near the house of Jagdish Kamara, they found Jagdish Kamara standing outside his house and on seeing them, he asked them to wait as he was also coming. Thereupon, they stayed and waited for Jagdish Kamara. After a minute or two, Jagdish Kamara came out from his house alongwith Subhash, Narayan Soni and Ratan Swamy and exhorted Narayan Soni to take revenge as his enemy had come. On this P.W. 7 Subhash Chandra and his brother Diwanchand and his associates took to heels. However, accused Ratan Swamy succeeded in taking hold of Diwanchand. Accused Subhash, who was armed with an empty bottle, assaulted Diwanchand on his head. After assault, the bottle broke into pieces. Thereafter, accused Subhash picked up a brick and threw it on the head of Diwanchand.

(3.) Thereafter, accused Narayan who was armed with a knife inflicted knife blows on the back and chest of Diwanchand, as a result of which, Diwanchand fell down. P.W. 7 Subhash Chandra raised an alarm, thereupon the accused persons fled away from the scene of the occurrence and took shelter in the house of Jagdish Kamara. P.W. 7 Subhash Chandra, Om Prakash Middha, and Om Prakash Verma took Diwanchand in an autorickshaw to the Hospital and got him admitted. A written complaint of his incident was lodged by P.W. 7 Subhash Chandra at Police Station, Sri Ganganagar on 13-12-1992. Diwanchand died on the same day in the Hospital. His autopsy was got conducted by Dr. Om Prakash Sharma. According to the Doctor, Diwanchand died on account of shock and haemorrhage, which was caused on account of the injuries inflicted to him by knife on his chest. According to the Doctor, injury No. 1 was sufficient to cause the death in the ordinary course of nature. The post mortem report is Ex. P. 12.