- (1.) ON 9.3.2005 at tea shop of Bala Shankar (P.W.11), Bherulal accompanied by Suresh Chand came. Bherulal was armed with a knife and in presence of Durgalal (P.W.1), Satyanarain (P.W.9), Menaram (P.W.10) and Bala Shankar (P.W.11), owner of the tea shop, he caused injuries with knife blow to Ghanshyam. As a result of the injuries caused by Bherulal, Ghanshyam died on the way to the hospital. Suresh Chand, appellant, is said to have accompanied Bherulal, but as per written report (Ex.P.1) has not caused any injury to Ghanshyam.
(2.) BOTH the appellant Bherulal and Suresh Chand were sent for trial. The court of Additional Sessions Judge (Fast Track) No.1, Jhalawar vide impugned judgment dated 14.6.2005 convicted Bherulal substantively for offence under Section 302 IPC and Section 4/25, Arms Act. Suresh Chand was convicted for offence under Section 302/34 IPC. Having convicted the appellants vide impugned judgment dated 14.6.2005, vide a separate order of even date both the appellants were sentenced as under: - 1. Appellant, Bherulal U/s. 302 IPC: Life imprisonment, to pay a fine of Rs.1000/ - and in default thereof to undergo six months rigorous imprisonment. U/s. 4/25, Arms Act: One year rigorous imprisonment, to pay a fine of Rs.500/ - and in default thereof to undergo three months rigorous imprisonment. 2. Appellant, Suresh Chand U/s. 302/34 IPC: Life imprisonment, to pay a fine of Rs.1000/ - and in default thereof to undergo six months rigorous imprisonment. Criminal proceedings were initiated on the basis written report (Ex.P.1) lodged by Durgalal (P.W.1). Written report when translated into English, reads as under: - "To, The SHO, P.S. Bhawanimandi Sub.: For registration of case. Sir, It is requested that today on 9.3.2005, I alongwith my brother, Ghanshyam, Satyanarain, Menaram were taking tea on the tea shop of Ganpat S/o. Badrilal Dhakad. Bherulal S/o. Bhuwana Bheel r/o. Rajpura and Suresh Chand S/o. Bapulal Bheel, r/o. Rajpura came. Bherulal called my brother, Ghanshyam. My brother after covering a distance of 20 ft. went ahead. Immediately on his reaching Bherulal S/o. Bhuwana Bheel who was armed with a knife gave a blow on his left side of chest. Then he gave a second blow on the back of left shoulder (scapular region). Bherulal gave a third blow to Ghanshyam in his abdomen. Due to injuries caused by Bherulal with knife, Ghanshyam fell on the spot. On falling of Ghanshyam on the spot, Bherulal and Suresh Chand ran away. The entire incident was seen by Satyanarain and Menaram Dhakad of Kalakot and Rajpura respectively. We went running towards Ghanshyam. Ghanshyam became unconscious. We arranged a Jeep and took him for treatment to the Government Hospital, Jhalawar where the doctor declared him dead. This report is presented for taking action. Sd/ -"
(3.) IN the present case, occurrence has taken place on 9.3.2005 at 6:00 PM. Written report was presented at the hospital at 10.30 AM, formal FIR was registered on the intervening night of 9.3.2005 and 10.3.2005 at 00.15 AM. Special report reached at Ilaka Magistrate at 2.00 PM. The investigating agency concluded the investigation and submitted a charge -sheet against the accused appellants before the ACJM, Bhawanimandi. The said court committed the case to the court of Sessions and same was entrusted for trial to the Additional Sessions Judge (Fast Track) No.1, Jhalawar. The first charge framed against Bherulal stated that on 9.3.2005 at around 6:30 PM at Village Rajpura he had caused murder of Ghanshyam S/o. Balaram by causing injuries with knife and thus, committed offence under Section 302 IPC. The appellant pleaded not guilty and claimed trial.;