- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentence of imprisonment for life as awarded by learned Additional Sessions Judge No.1, Jodhpur.
(3.) Background facts in a nutshell are as follows: Report was lodged by one Tulsh Singh at the Tolesar Police station stating that on 19.11.1999 he was standing in the road along with Swai Singh, Sumer Singh (hereinafter referred to as 'deceased') and Vijay Singh. Around 4 P.M. Laxman Singh who was then studying in a nearby school came and inform that while the child were talking amongst each other, appellant Ram Swaroop slapped him. At that time Ram Swaroop and Shrawan were standing on the road. When Sumer Singh asked Ram Swaroop as to why he had beaten Laxman, on this Shrawan started beating Sumer Singh and the complainant tried to separate then. In the mean time the appellant with the intention to kill stabbed Sumer Singh with a knife. Sumer Singh received two stab injuries on his chest and one stab injury from knife on his back and he started bleeding and fell down. While the complainant and others were attending to Sumer Singh, Shrawan and accused appellant Ram Swaroop ran way. Sumer Singh's elder brother Kumbh Singh arrived there. Sumer Singh in an injured condition was taken to the Gandhi Hospital at Jodhpur, but he died on the way to the hospital. On the basis of this information, the FIR was lodged and investigation was undertaken. Charge sheet was filed alleging commission of offence punishable under Section 302 IPC by the accused appellant, while co-accused Shrawan Ram was charged for offence punishable under Section 302 read with Section 34 IPC. The matter was committed to the Court of Sessions and the two accused persons faced the trial as they pleaded innocence and denied the allegation. In order to further its version, prosecution examined 14 witneeses. Tulsh Singh-PW3 and Swai Singh- PW4 were stated to be eye witnesses. The trial court on considering the evidence on record found the accused appellant guilty and convicted and sentence accused appellant for offence punishable under Section 302 IPC.;