VINOD ALIAS NANNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal stems from the judgment dated June 2, 2000 of the learned Special Sessions Judge, SC & ST (Prevention of Atroticites) Cases Ajmer rendered in Sessions Case No. 77/1997 whereby the appellant was convicted and sentenced as under:- U/s. 302 IPc To suffer Imprisonment for life U/s. 307 IPc To suffer Rigorous Imprisonment for two years. The sentences were ordered to run concurrently. Co-accused Kalu @ Nirmal was however acquitted of the charge under Sections 302/34 and 307/34 IPC.

(2.) ON May 15, 1997 around 1. 45 PM when Govind Singh (PW. 3) was selling ice-candy, the appellant bought ice candy and when price of ice-candy (Rupee one), was demanded, the appellant took out knife and stabbed it on the left side of the chest of Govind Singh. In the meanwhile Govind Singh's brother Lalit Kumar (now deceased) when made attempt to save Govind Singh, the appellant inflicted knife blow on the chest of Lalit Kumar, as a result of which he fell down. Lalit Kumar while taken to the Hospital, died on the way. Injured Govind Singh was admitted to the Hospital. Dinesh Kumar Bohra, Investigating Officer, on receiving information of the incident of stabbing, reached at the J. L. N. Hospital and recorded statement of Govind Singh. ON the basis of Parcha Bayan of Govind Singh (Ex. P-1) case under sections 302 and 307 IPC was registered and investigation commenced. Injuries sustained by Govind Singh were examined, dead body of Lalit Kumar was subjected to autopsy, statements of witnesses were recorded, appellant and co-accused Kalu @ Nirmal were arrested, knife allegedly used in commission of offence got recovered at the instance of the appellant and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned trial Judge. Charges under Sections 302 and 307 IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case produced as many as nine witnesses. In their explanation under Section 313 Cr. P. C. , the appellant claimed innocence. No witness in defence was however examined. Learned Trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) KEEPING in view the submissions, it is necessary to recapitulate the genesis in which the incident took place and the surrounding circumstances.