PANKAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE roars of gun fire echoed inside the sugarcane juice's shop on March 19, 1998 at 11 a. m. when out of four persons sitting at the shop, one opened fire at Raj Kumar (since dead ). The appellants, four in number, were put to trial for having committed murder of Raj kumar before learned Additional Sessions judge (Fast Track) No. 1 Bharatpur. Learned judge vide judgment dated August 3, 2002 convicted and sentenced them as under : -Koshlendra alias Kaushal, Krishna Murti and Jitendra Kumar : u/s. 302/34, IPC : each to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. Pankaj : u/s. 302, IPC : to suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer simple imprisonment for two months. u/s. 3/25, Arms Act : to suffer rigorous imprisonment for two years and fine of Rs. 500/-, in default to further suffer simple imprisonment for one month. Sentences were ordered to run concurrently.

(2.) THE prosecution story is woven like this : -On March 19, 1998 around 12. 30 p. m. informant Ram Babu (P. W. 8) submitted a written report (Ex. P-7) at Police Station mathura Gate, Bharatpur stating therein that on the said day around 11. 00 a. m. while the informant was sitting at his shop of sugarcane juice, Pankaj, Kaushal and two others came to his shop. After consuming juice they sat inside the shop. When Raj Kumar, elder brother of informant, came to the shop, pankaj called him. No sooner did Raj Kumar enter inside the shop, Pankaj took out katta (country made gun) from his pant and opened fire at Rajkumar that hit on his neck. As a result of fire Rajkumar fell down and became unconscious. All the four assailants thereafter fled away. Rajkumar was removed to hospital at Bharatpur and from there he was referred to Agra Hospital. On that report, a case was registered under Sections 452, 307 and 34, IPC and investigation commenced. Rajkumar succumbed to his injuries on March 25, 1998 at Agra and Section 302, IPC was added. The dead body of deceased was subjected to post-mortem examination. After completion of investigation charge-sheet was filed. In due course the case came up for trial before the Court of learned Additional Sessions Judge (Fast track) No. 1 Bharatpur. Charges under Sections 452, 302, 302/34, IPC and 3/25 Arms act were framed. The appellants denied the charges and claimed trial. The prosecution in support of its case examined as many as 24 witnesses. In the explanation under Sec. 313, Cr. P. C. the appellants claimed innocence. Three witnesses in support of defence were examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.

(3.) PRIOR to his death injury received by rajkumar was examined vide injury report (Ex. P. 5), which reads as under : -One punctured lacerated wound with bleeding circular in shape of 1 cm x 1 cm x soft tissue to bone deep on right side neck region on sterno mastoid muscle line to middle part. Edges and margin is verted with collar of contusion. No burning, blackening and tattooing seen, sulgesmic of wound to entry of fire arm.