NAGENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above two appeals arise from the judgment and order dated, June 29, 1994 passed by the learned Sessions Judge, Baran in Sessions Case No. 62/93, whereby the appellant Nagendra Kumar was convicted under Sec. 302 Penal Code and the appellant Arvind Kumar under Sec. 302/34 Penal Code and both sentenced to suffer imprisonment for life and to pay a fine of Rs. 100.00. In default of payment of fine, to undergo further rigorous imprisonment for one month. The appellant Arvind Kumar was further convicted under Sec. 4/25 of the Arms Act and sentenced to one year rigorous imprisonment. The substantive sentences of Arvind Kumar were ordered to run concurrently.

(2.) The appellants were tried for an incident which had occurred at about 8.30 p.m. on 17.793 in Chaumukha Bazar near the temple of 'Sanwala Ji'. The charge against the appellant Nagendra Kumar was that he inflicted a blow with a dagger (Katar) on the abdomen of the deceased Dharmendra Sankhia with an intention to commit his murder. He was also charged under Sec. 4/25 of the Arms Act for possessing dagger (Katar) without a licence. The charge against the appellant Arvind Kumar was that he caught hands of the deceased Dharmendra and thus, facilitated in causing a below on his abdomen by the appellant, Nagendra Kumar. He too, wacharged under Sec. 4/25 of the Arms Act for possessing dagger without a valid licence.

(3.) After the incident, the injured Dharmendra was immediately taken to Government Hospital, Baran where he was admitted at 8.40 p.m. A report of the incident was made by P.W. 3-Rejendra Kumar at 11.30 p.m. in the same night at Police Station, Kotwali, Baran. The prosecution case as unfolded from the report is that the appellant, Nagendra Kumar accompanied by his two associates inflicted a solitary blow with a 'Katar' on the abdomen of Dharmendra Sankhla, the younger brother of the informant at about 8.30 p.m. on 11.7.93 near the hospital of Dr. Chandsi and the temple of 'Sanwala Ji'. As per report, the incident was witnessed by Naveen Jain, Anil Khatri, Rajendra Bhoomalia and the informant Rajendra Sankhla who intervened and rescued the injured.