OMI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Omi has been convicted by the learned Additional Sessions Judge, Kota under section 307 I.P.C. and sentenced to rigorous imprisonment for five years and a fine of Rs. 500.00 or in default simple imprisonment for three months.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned is that the appellant was owing some money to PW Munna and that on Feb. 26, 1976 at about 6 or 6.30 p. m. Munna went to the appellant and demanded the payment of his money. It is alleged that Omi resented this demand and retorted sarcastically that he would pay the entire amount in a lump sum and thus get done with it. Omi attacked Munna with a knife, while Omi's companion namely, Asir elasped Munna in his hands from behind. Omi is alleged to have inflicted as many as five knife blows to the helpless victim in that position. It is further alleged that apart from Asir who facilitated the infliction of knife blows by Omi to Munna, Bhanwarlal, Pratap Siogh, Narain and Maagla were also present there and exhorting the culprits to kill Munna. Munna cried on the infliction of injuries to him. A large number of persons including Santosh Singh and Sheikh Gabru collected there. On seeing them the culprits ran away.

(3.) Munna was immediately removed to the police station Bhimganj Mandi Kota. The Station House Office advised his removal to the hospital without any Joss of time. The first information report in the case was registered at the instance of Aladeen, father of Munna.