SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Criminal Appeal No. 167 of 1991 is directed against the order passed by the learned Additional Sessions Judge, Bhilwara, dated 29-4-91 convicting the accused- appellant under S. 302 of the Indian Penal Code in Sessions Case No. 38 of 1990. Criminal Appeal No. 146 of 1992 also challenges the same order in so far as it acquits the other accused persons. The facts giving rise to these appeals, stated briefly are as under.

(2.) On February 27, 1990 there was a quarrel between the accused and the deceased and the accused persons fatally assaulted the deceased with four others, and, therefore, the deceased died a homicidal death. After due investigation prosecution was launched under S. 302 read with Ss. 34, 147, 148 and 149, IPC against five accused persons. The learned Additional Sessions Judge on appreciation of the evidence on record came to the conclusion of guilt only against Shanker and proceeded to convict him under S. 302, IPC and sentenced him to suffer imprisonment for life as aforesaid. It is this order of the learned Additional Sessions Judge, Bhilwara which is assailed in this appeal on the grounds mentioned in the memo of appeal.

(3.) Summarised briefly, the grounds are that,-