VIJAY LAMBA ALIAS RATAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PASSION of Raju Thapa to consume wine inside the temple, hurt the religious feelings of Vijay Lamba, who thrust knife on the abdomen of Raju Thapa. Vijay Lamba, appellant herein, was put to trial before learned Additional Additional Sessions Judge No. 1, Jaipur City, for having committed murder of Raju Thapa, who vide judgment dated August 27, 2004 convicted and sentenced the appellant to suffer imprisonment for life and fine of Rs. 1000/-, with default stipulation.

(2.) THE incident occurred on October 9, 1997 at 10. 30 PM in Nepali temple situated at Pashupati Nath colony Jaipur when Lala, brother of Vijay Lamba (appellant), asked Raju Thapa (deceased) not to consume liquor in the temple. Raju Thapa in turn, replied that he used to give donation for proper arrangement of temple but pigs were entering the temple. THEreafter Lala and Raju Thapa indulged in hurling abuses at each other and crowd gathered. In the meanwhile Vijay Lamba rushed to spot armed with Khukhri but Dal Bahadur (Pw. 8) disarmed him. Vijay then brought knife and thrust it on the abdomen of Raju Thapa, who was removed to SMS Hospital Jaipur where he died. A written report (Ex. P-4) was handed over by Dal Bahadur at 1 AM on October 10, 1997 to the SHO Police Station Bhatta Basti in the Emergency Ward of the Hospital. On that report case under Sections 302 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge sheet was filed against the appellant. In due course the case came up for trial before the learned Additional Sessions Judge No. 1 Jaipur City. Charge under Section 302 IPC was framed against the appellant, who denied the charge and claimed trial. THE prosecution in support of its case examined as many as 9 witnesses. In the explanation under Sec. 313 Cr. P. C. , the appellant claimed innocence. Four witnesses were examined in support of defence. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated above.

(3.) CHAPTER XVI of the Indian Penal Code, consisting of 80 Sections deals with all offences involving personal injury. The scheme of the CHAPTER appears to be to take capital crime first, then other cognate offences, imperilling life and then minor offences such as hurt, assault and the like offences falling into the category of personal injuries. The CHAPTER classifies them into five principal heads according to the act and effect. These are:- (i) Voluntary culpable homicide; (ii) Murder; (iii) Grievous hurt; (iv) hurt; and (v) assault. The difference between (i) and (ii) is the subject of Section 299 and 300.