STATE OF RAJASTHAN Vs. OM PRAKASH

JUDGEMENT

(1.) These are the two appeals against the judgment of learned Sessions Judge, Sri Ganganagar dt. 27.07.1983, whereby he convicted accused Ladu Ram of the offence under Section 302 IPC and sentenced him to undergo life imprisonment alongwith a fine of Rs. 1000/- and in default, to further undergo six months' R.I. and at the same time, acquitted accused Om Prakash of the offence under Section 302. The State has filed appeal against the judgment of acquittal of accused respondent Om Prakash and accused appellant Ladu Ram has filed appeal against his conviction, therefore, both are being disposed-of by this common judgment, as they relate to the same incident.

(2.) Facts leading to these appeals are that on 26.08.1982, oral FIR, Ex.P/2, was lodged at 9.15 PM at Police Station Kotwali, Ganganagar by Om Prakash son of Ram Rakh by, caste Swamy R/o Gurunanak Basti, Sri Ganganagar in which it was stated chat at about 8.30 PM, when he went to old Sabji Mandi, he saw some milkmen including brother-in-law Jagdish and nephew Kishanlal standing there. Ramchandra and Birja Jat were also present there. In the meantime, the accused Ladu Ram came and started fighting with his brother in law and in exchange of hot words, accused Ladu Ram caught hold the neck of Jagdish and told his brother Raju to bring more persons from canteen, as Jagdish will not mend his attitude. Thereupon Raju went away and he alongwith other witnesses and deceased Jagdish proceeded towards Hanumangarh road on their bicycles. At about 9.15 PM, when they reached near the house of Dr. Ludhianawala, the accused persons came from the back side and pushed his brother in law, whereby he fell down. Accused Om Prakash caught hold of Jagdish and accused Ladu Ram inflicted knife injury on the back of deceased Jagdish and fled away by taking out knife from the person of Jagdish. On account of the said injury, Jagdish died on the spot. The police on the basis of this information, registered a case under Section 302 read with 34 IPC and commenced investigation. The post mortem of the dead body of Jagdish was conducted. The site was inspected. The weapon of offence i.e. knife was recovered at the instance of accused Ladu Ram and sent for serological examination. After completing investigation, the police filed charge-sheet against both the accused in the Court of learned Addl. Judicial Magistrate, Ganganagar under Section 302 read with 34 IPC, who committed the case to the Court of Sessions. After hearing the arguments on charge, the learned Sessions Judge framed charges under Section 302 IPC against accused Ladu Ram and under Sections 302/34 and 302/114 IPC against accused Om Prakash. Both the accused pleaded not guilty and claimed trial. The prosecution examined 10 witnesses. The statements of the accused were recorded under Section 313 CrPC. They led no defence. After hearing the arguments, the learned Sessions Judge acquitted accused Om Prakash but convicted and sentenced the accused Ladu Ram as above, against which, accused Ladu Ram has filed the appeal and State has flied appeal against acquittal of accused Om Prakash.

(3.) We have heard learned Public Prosecutor as well as learned Counsel for the accused.