PRAMOD KUMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment dated 31. 8. 87 passed by the Additional Sessions Judge No. 5, Jaipur City, Jaipur, convicting the accused-appellant Pramod Kumar Singh u/s 302 IPC and sentencing him to life imprisonment and a fine of Rs. 200/- only, while acquitting the non petitioners in Appeal No. 126/88,

(2.) MAHENDRA Singh (PW-2) lodged FIR (Ex. P. 10) at the Police Station Manak Chowk, Jaipur, at 7. 30 p. m. on 31. 12. 1983, stating therein that in the evening on that day at about 6. 30 p. m. Shakuntala Devi (PW-11) came and told that some quarrel was taking place at the house of Pinki, whereupon his brother Devendra went with her. After sometime, there was some noise that serious quarrel was taking place at the house of Pinki whereupon he and Vikram Singh went to the house of Pinki, and saw that the accused persons Rampal Singh, Pramod Kumar, Munna, Kanti, Naveen, Jai Shankhar and Akhilesh who were carrying lathi, iron rod and knife, had surrounded his brother Devendra Singh and were giving him beating. They shouted as to what they were doing, whereupon Rampal Singh inflicted a lathi blow on the head of Vikram Singh. Several other persons had also collected there after hearing the noise. His brother Devendra Singh fell down as a result of the injuries and when they saw him, he was found dead. Pinki and his mother had also seen the incident. It was further stated in the report that at the time when he reached the Police Station to lodge the report, Rampal Singh and Pramod Kumar who were present at the time of beating of his brother Devendrasingh, were sitting there at the Police Station.

(3.) DR. B. N. Gupta, who had conducted the autopsy of Devendra Singh has been examined as PW-6 and the post-mortem report of deceased Devendra Singh is Ex. P. 16.