MATHUR, J. - (1.) LEARNED Additional Sessions Judge (Fast Track) No.2, Bikaner, by judgment dated 28.2.2006, convicted accused Pyarelal for the offence punishable under Section 302 Indian Penal Code and accused Fateh Chand for the offence punishable under Section 302/34 Indian Penal Code. Both the accused were sentenced to undergo life term imprisonment with fine of Rs.1000/ - each and further to undergo one month's additional imprisonment in the event of default in payment of fine.
(2.) THE case of the prosecution is that Shri Jetharam Mali was having six sons viz. Pyarelal, Kishanlal, Fateh Chand, Bishanlal, Prabhu Dayal (deceased) and Jesram. Jesram left the house on becoming saint. Shri Bishanlal and Prabhu Dayal were having dispute with Pyarelal, Kishanlal and Fateh Chand in relation to partition of immovable property that was in the name of their father Shri Jetharam. On 3.3.2004, a statement made by Smt. Jhanwari Devi wife of Prabhu Dayal before the police was reduced in writing (Ex.P/4) and on basis of that a first information report (Ex/P/8) was lodged at police station Gangashahar. As per the statement made, Shri Prabhu Dayal, husband of Smt. Jhanwari Devi at about 2 - 2:15 PM went to the temple to have water in a bucket. Pyarelal, Kishanlal and Fateh Chand, who were already present in the temple gave beating to Prabhu Dayal with fist and kicks. Hearing cry made by Shri Prabhu Dayal, Jhanwari Devi rushed to the temple, where she found Kishanlal and Fateh Chand were holding both the hands of Prabhu Dayal. Smt. Durga was also present there and she instigated Pyarelal to kill Prabhu Dayal. Pyarelal abruptly went to a room and returned with a knife. He gave 2 -3 knife blows to Prabhu Dayal in his abdominal region. In the meantime, Arjun also came there and he too gave beating to Prabhu Dayal. Hearing hue and cry around, the assailants fled from the spot. Smt. Jhanwari Devi then brought a taxi and carried the injured to hospital with Kaluram and Santosh. At hospital, Prabhu Dayal was declared dead. On basis of the information, the investigation agency lodged a criminal case and proceeded with investigation. Accused persons were arrested on 3.3.2004 itself. On 5.3.2004 a disclosure was made by accused Pyarelal to the effect that he want to get the knife recovered which was hidden by him after washing it. On basis of the information, knife was recovered as per document Ex.P/4 on 6.3.2004. The knife alongwith blood stained wearings of deceased Prabhu Dayal were sent for their serological examination to the Forensic Science Laboratory. The report of the Forensic Science Laboratory is available on record as Ex.P/19. As per the report of Forensic Science Laboratory (Ex.P/19) the knife and the clothes were having blood stains of human origin. The blood group of the stains on the knife remained inconclusive, obvious so being washed.
(3.) THE prosecution, after getting the investigation completed by the investigating agency, filed a police report before the court. The court after hearing the accused persons viz. Pyarelal, Kishanlal and Fateh Chand, framed a charge for commission of the offences punishable under Sections 341, 323, 302 read with 34 Indian Penal Code. The trial commenced as desired by the accused persons on denial of the charge. During the course of trial, accused Kishanlal died, thus, the proceedings stood abated qua him.;