- (1.) CHALLENGE in this appeal is given to the judgment dated 13.5.2005 passed by learned Additional Sessions Judge (Fast Track) No.1, Bikaner recording conviction of the accused appellant for the offence punishable under Section 302 I.P.C. and sentencing him to undergo life term imprisonment with a fine of Rs.1000/ -, and further to undergo six months' simple imprisonment in the event of default in payment of fine.
(2.) THE facts relevant for adjudication of the appeal are that at 2:45 PM on 4.4.2004, on the basis of an oral information given by Shri Atma Ram (PW -7) at Police Station, Khajuwala, a case was registered against the accused appellant alongwith one Shri Bhaga Ram for the offence punishable under Sections 302 and 34 I.P.C. As per the facts recorded in the FIR (Exhibit -P/10), Atma Ram (PW -7) and his grand -son Om Prakash (deceased) were residing in a hamlet in 27 KYD. Accused Shankar Lal was also residing with his family in a neighbouring hamlet. On 2.4.2004 Om Prakash had some quarrel with his brother Dula Ram. Elder brother of accused Shankar Lal, namely, Prem intervened and got the quarelling boys separated, however, Om Prakash at that time stated that he will not visit hamlet of Prem in future and also expected that no person from the family of Prem shall visit his hamlet. On 4.4.2004 at about 1:00 PM, when Atma Ram (PW -7), Om Prakash and his wife Sumitra (PW -2) were going to village Pavli, accused Shankar Lal and Bhaga Ram came on a bicycle. Shankar Lal was armed with a sharp -edged iron piece having a wooden handle looking like a "choora". Other person Bhaga Ram was carrying an iron pipe in his hand. Shankar Lal gave a blow on the neck of Om Prakash from the sharp -edged iron piece and Bhaga Ram gave blows on the legs of Om Prakash with iron pipe. The injuries occurred resulted into death of Om Prakash. The Investigating Agency after completing investigation submitted a police report in the court of Judicial Magistrate, Khajuwala with a charge of committing offence punishable under Sections 302 and 34 I.P.C. against the appellant Shankar Lal and accused Bhaga Ram. The mater being sessions triable was committed to the court of sessions. The Sessions Court after providing an opportunity of hearing to the accused persons, framed charge for commission of an offence punishable under Section 302 I.P.C. against appellant Shankar Lal and for commission of an offence punishable under Section 302/34 I.P.C. against Bhaga Ram. The accused persons denied the charge, thus, the trial commenced as desired.
(3.) THE prosecution supported its case with the aid of eight witnesses, out of whom, PW -2 Sumitra and PW -7 Atma Ram were cited as the eye -witnesses. Testimony of Dr. Dilip Kalera was examined as he conducted autopsy on the corpus of deceased Om Prakash. Shri Narayan Singh (PW -8) narrated all the steps taken during investigation, being the Investigating Officer. The prosecution in support of its case also got 26 documents exhibited.;