SHAMBU S/O JOKHIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal challenging the conviction and sentence of the appeliant is preferred against judgment dated 15.2.2003 passed in Sessions Case No. 203/2001 by the court of Additional Sessions Judge (Fast Track), Banswara whereby, the appellant has been convicted under Sec. 302 Penal Code and sentenced to life imprisonment with Rs. 10,000.00 fine, indefault of payment of fine, to further undergo one months rigorous imprisonment.

(2.) As per the prosecution, summary of the case is that on 25th June, 2001 at 7:15 in the evening, one Narayan Lai lodged an oral complaint at Police station Mahi dam, District Banswara to the effect that about 15 years ago, one Jokhiya S/o Khatu was killed by Bhogji and Rajki who after being released from jail did not return to village and went towards Aaspur. On 25th June, in the morning around 7 AM, complainant alongwith Dilip Chand, Shankar, Deva, Nathu, Welji had taken Smt. Mani w/o Welji for treatment to Banswara hospital. The complainant, Nathu, Dilip, Shankar, Deva came back by 5:30 PM by bus from Banswara to Mahi Dam and alighted at Mahi Dam. While walking to Dam site, at about 6:45 PM, opposite to shop of Madrasi doctor, Shambhu S/o Jokhiya and Roop Lai came across them. On seeing Nathu, Roop Lai asked Shambhu that your enemy is coming. Shambhoo said that Nathu is my enemy whose nephew Bhogji killed his father and is also keeping his sister as wife and told that he shall take revenge and after telling this, Shambhoo took knife (churri) out of his waist and attacked Nathu causing injuries of knife of face, buttocks and back and when complainant and others intervened, Shambhoo attempted to injure them also and didnt allow complainant and his colleagues to go near Nathu. After killing Nathu, appellant Shambhoo dragged dead body of Nathu in the nearby bush (bagad) where the body is lying. The complainant further stated that neighbouring shopkeepers have also seen the incident. This complaint lodged at Police Station Mahi Dam written down as Ex.P/9 on basis of which FIR No. 93/2001 (Ex.P/1) for the offence of Sec. 304 read with Sec. 34 Penal Code was registered. During investigation, site of incident inspected at 7:15 AM in the morning of 26.06.2001, memos of which Ex.P/2 & Ex.P/3 prepared, where blood also was lying, sample of which and plane soil taken-sealed packet marked A & B, memo prepared Ex.P/7. Dead body examined by police officials, memos of which is Ex.P/8. Worn shirt on the body of Nathu was seized by cutting it, memo of which is Ex.P/4 packet marked C and postmortem report is Ex.P/13.

(3.) Accused appellant Shambhu was arrested on 27.06.2001 at 6:10 PM on whose information, knife is said to be recovered from his house from a drum (kothi) made of soil and sealed packet marked D, respective memos are Ex.P/11, Ex.P/12, Ex.P/6 and Ex.P/3 is the site plan. Other accused Roop Lai also arrested on 30.06.2001 at 8:30 PM. The sealed packets were deposited in Malkhana, register entries of which are Ex.P/17 and packets sent to FSL with forwarding letter of police station Ex.P/16 and that of S.R Ex.P/14. Receipt of laboratory Ex.P/15 and laboratory report is Ex.P/18 (marked by Court under Sec. 293 Cr.RC.). After usual investigation, charge sheet for the offences under Sec. 302 Penal Code submitted on 21.08.2001 against appellant Shambhoo (and Roop Lai) who pleaded not guilty. Learned Sessions Judge vide judgment dated 15.02.2003, acquitted accused Roop Lai and convicted and sentenced the appellant Shambhoo as above.