AJAY GIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction and sentence dated 30.8.2003 passed by learned Additional Sessions Judge (Fast Track), Hanumangarh in Sessions case No.63/2003 whereby the accused-appellant has been convicted for the offence under Section 302 I.P.C. and has been sentenced to undergo imprisonment for life and to pay a fine of Rs.1000/-, in default of payment of fine, further to undergo one month's additional rigorous imprisonment, for the offence under Section 4/25 (1-B)(b) of Arms Act the appellant has been convicted and sentenced to one year's rigorous imprisonment and a fine of Rs.1000/-, in default of payment of fine, further to undergo one month's additional rigorous imprisonment.

(2.) The prosecution case, as disclosed during trial, is that on 19.5.2002 complainant-Bharat Kumar (PW-2) lodged a written report (Exhibit-P/4) at P.S. Hanumangarh Town alleging inter alia that on 18.5.2002 at about 11:00 in the night, when he came outside from his house located at Bhatta Basti, Barkat Colony for call of nature, at that time, he saw Ajay stabbed two knife injuries to Kailash. He tried to catch Ajay but he ran away alongwith knife. On his shouting, Subash, Laxman and Ganeshi Das came there. He further states that while Ajay was running, he fell down and received head injury but the accused manage to escape. Thereafter, injured-Kailash was lifted to government hospital, where doctor declared him dead. He further stated that due to enmity Ajay killed Kailash with the aid of knife.

(3.) On the basis of this report, a case for the offence under Section 302 I.P.C. was registered and an FIR No.218/02 was chalked out and the investigation commenced. The statements of witnesses were recorded and other legal formalities were carried out. Post-mortem of dead-body was conducted by Dr. Jai Pal (PW-7). The accused-appellant was arrested on 20.5.2002 and at his instance knife was recovered vide Exhibit-P/24 and sealed on the spot. Police also recovered blood-smeared clothes of the appellant. After completion of usual investigation, a charge-sheet was filed in the court and thereafter the case was committed to the trial court where charges were framed under Section 302 I.P.C. and 4/25(1-B) (b) of the Arms Act and were read over to accusedappellant, to which he pleaded not guilty and claimed trial.