- (1.) THIS DB Cr. Appeal under Section 374 Cr.P.C., has been filed against the judgment dated 6.6.2005 passed by Additional Sessions Judge (Fast Track), No.1, Jaipur City, Jaipur in Sessions Case No. 101/2004 whereby the present appellants have been convicted and sentenced as under: - Appellant Randhir Singh: under Section 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 500/ -. In default of payment of fine to further undergo six months' rigorous imprisonment. Appellant Yogesh @ Narsinga: under Section 302 IPC: to undergo life imprisonment and to pay a fine of Rs. 500/ - in default of payment of fine to further undergo rigorous imprisonment for six months.
(2.) THE case of the prosecution is that PW/10 Sabbir has lodged a report Ex. P/14 at Police Station Brahmpuri, Jaipur on 11.9.2004 at 7.30 PM alleging therein that his younger brother Amir @ Languriya is living with him at Fakiron Ki Doongari from last 4 -5 months Amir was jobless. Today, 11.9.2004 at about 9.00 AM in the morning, Amir @ Languriya went for a picnic with Deep Chand, Gordhan and Aamin. At about 3.05 PM, Deepchand and Gordhan came to him and told that they have boarded in the bus of Sardar from Jaisingh Nagar and conductor was Yogesh. He asked for the fare. As the deceased, Deep Chand and Gordhan were under the influence of liquor, a quarrel occurred between them on the issue of payment of fare. During the quarrel Yogesh Kumar tried to beat them then the appellant Randhir Singh @ Kalu appellant stopped the bus and came to the rear side of the bus. He took iron rod from them, started beating Amir @Languriya, who sustained injuries on the hand thereafter knife has been snatched from the hand of Amir and he pierced it in the abdomen of Amir. Thereafter they all ran away. On this information, Sabir -informant went to the hospital. He saw the dead body of his brother in SMS Hospital Mortuary and thereafter lodged this report on which FIR No. 350/2004 has been registered under Section 302 and 34 IPC. After usual investigation, charge sheet has been filed against the appellants for the offence under Sections 302 read with 34 IPC. The case was committed to Sessions Judge, Jaipur City and it was transferred to Additional Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur.
(3.) THE charges have been framed against the appellants for the offences under Sections 302/34 IPC which were denied by the accused persons and they claimed to be tried. Prosecution has examined PW/1 Mohd. Saleem, PW/2 Vaheed, PW/3 Rafiq, PW/4 Suraj, PW/5 Abrar, PW/6 Ramnivas, PW/7 Ravindra Singh, PW/8 Hanuman Sahay, PW/9 Nazim, PW/10 Sabbir, PW/11 Gordhan, PW/12 Ramdayal, PW/13 Ramnarain, PW/14 Deepchand, PW/15 Surendrakumar Seerwa, PW/16 Leeladhar Meena, PW/17 Samaydeen, PW/18 Yogendra Kumar Sharma, PW/19 Aman Khan and PW/20 Dr. R.K. Poonia to prove his case and also supporting documentary evidence.;