- (1.) Criminal Appeal No.269 of 2008 is on behalf of a single appellant Manjit Singh. Criminal Appeal No.270 of 2008 (that came to this Court from jail) is on behalf of two appellants, namely, Kamlesh Kumar and Pradhuman Singh @ Paddu who are represented by Mr. Ravi Prakash Mehrotra, advocate, nominated as Amicus Curiae. Both the appeals arise from the same judgment and order of the Rajasthan High Court. They were, therefore, heard together and are being disposed of by this common judgment.
(2.) All the three appellants stand convicted under Sections 302 and 307 read with Section 34 of the Penal Code. For the offence of murder they are sentenced to rigorous imprisonment for life and a fine of Rs.2,00,000/- each with the default sentence of five years rigorous imprisonment. For the offence of attempt to murder, they are sentenced to rigorous imprisonment for 10 years and a fine of Rs.1,00,000/- each with the default sentence of two years rigorous imprisonment. The sentences of imprisonment for the two offences, however, have been directed to run concurrently.
(3.) The case of the prosecution is based on the statement (Parcha Bayan) of Hitesh Galav recorded by ASI Champa Lal at Hospital Baran on September 14, 1998 at 11:30 p.m. The Parcha Bayan Exhibit P.4 gave rise to and it was incorporated in the formal FIR No.211/98, Police Station Mangrol. In his statement before the Police, Hitesh Galav said that on that day at about 9.00 in the evening he along with Hemant (deceased), Madhusudan (deceased) and Maharaj was sitting in the Hanumanji Mandir near the Mangrol bus stand. At that time Manjit Singh Rajput, Kamlesh Sharma and Paddu Sardar (the three appellants) came there and with a view to kill them on account of previous enmity attacked them with knives. The three accused gave them repeated knife blows as a result of which the three of them were wounded. He further said that he had received one knife injury on the right side of his abdomen and another injury on the right side under the arm. One of them (the accused) also made the exhortation to take out the revolver but at the same time Hariom Soni and some other people arrived there. Parvat Singh also came there who lifted them and brought them straight to Mangrol Hospital from where they came to Baran. He further said that he had received injuries on both his hands as well.;