- (1.) Appellants per judgment dated 17.10.2002 are held guilty and sentenced as under: (i) Appellant Shiv Kumar for the offence of (a) Section 302 IPC - life imprisonment with fine Rs. 500/-, in default one month's simple imprisonment; (b) Section 148 IPC - three years rigorous imprisonment; (c) Section 145 Railways Act - two months simple imprisonment with fine Rs. 100/-, in default seven days. Appellants (ii) Purshottam Lal, (iii) Satiya, (iv) Balia, (v) Omprakash (and also (vi) Subhash) (a) of Section 147 IPC - two years rigorous imprisonment; (b) Section 302 read with Section 149 IPC - life imprisonment and fine Rs. 500/- in default one month's simple imprisonment; (c) Section 145 Railways Act - two months simple imprisonment with fine Rs. 100/-, in default seven days.
(2.) Appeal No. 945/02 challenges conviction and sentence of appellant Shiv Kumar @ Pappu, whereas other appeals are of remaining five. Appellant Subhash (No. in appeal No. 878/02) expired so appeal for him abates and wherever his name appears, is only in context of continuity and determining role whatever of other appellants. All above appeals are being decided by this common judgment.
(3.) On March 3rd, 2000, at platform No. 6 railway station, Hanumangarh Junction, one Anil 22 years, stabbed at chest, collapsed then and there and per post-mortem Ex.P15 and evidence of medical officer PW 7, deceased Anil died due to following injuries: Stab wound at mid chest just above left nipple 1.25 x .25" depth 2.25" upto thoracic cavity, interiorly found wound of 1" dimension piercing left lung then a wound of same dimension on layer cover (membranes) heart and of depth wound of 1.25" in left ventricle of heart.;