- (1.) VINOD s/o Chandu, Raju Singiwala s/o Gafoor, Chhotu s/o Goverdhan and Hamid @ Ameen s/o Jahir Ahmed, were nominated as accused in a case arising out of FIR No. 529/2006 (Exhibit -P/20) registered at Police Station Kotwali, District Sawaimadhopur for the offences under Sections 341, 323 and 307/34 IPC. The court of Additional Sessions Judge, Sawaimadhopur, vide impugned judgment dated 23.10.2008 convicted the appellant, Vinod for the offences under Sections 302, 341 and 323/34 IPC. The trial court acquitted the appellants Raju Singiwala and Chhotu for the offence under Section 302/34 IPC, but convicted them for the offence under Section 341 and 323/34 IPC.
(2.) HAVING convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date, sentenced them as under: - Appellant Vinod: U/s 302 IPC - to undergo life imprisonment and to pay a fine of Rs. 500/ -, in default of payment of fine, to further undergo ten days additional S.I. Appellants Vinod, Raju and Chhotu: U/s 323/34 IPC - to undergo one year S.I. and to pay a fine of Rs.1,000/ -, in default of payment of fine, to further undergo seven days additional S.I. U/s 341 IPC - to undergo one month S.I. and to pay a fine of Rs.5,00/ -, in default of payment of fine, to further undergo seven days additional S.I.
(3.) THE criminal proceedings in the present case were set into motion on the basis of written report (Exhibit -P/1) lodged by Kanhaiya (P.W.2) before Suresh Kumar (P.W.21), who was then posted as SHO, Police Station Kotwali, Sawaimadhopur. On the basis of written report (Exhibit -P/1), a formal FIR (Exhibit -P/20) was registered. Kanhaiya (P.W.2) in the written report (Exhibit -P/1) stated that on 29.11.2006 at 6:30 PM, he was going from his shop to his house. In the Maliyon Ka Mohalla, Raju Singiwala s/o Gafoor Singiwala caught hold of him and gave him a slap on the face. The witness in order to save himself, came running to his Mohalla and informed his brother Prakash. After sometime, Raju Singiwala, Vinod s/o Chandu, Amid @ Amin s/o Jahir, Chhotu s/o Goverdhan Singiwala came and immediately on coming Vinod gave a knife blow to Prakash in the left side of neck in order to kill him. The blood started oozing out and his brother fell on the ground. Others had given injuries to his brother with kick and fist blows. When the witness along with Shankar and other residents of the colony came forward to save them and apprehend the accused, the accused decamped from the spot. Witness brought Prakash to the hospital from where he was referred to the hospital at Jaipur. Kanhaiya also stated that about one year ago, he advanced Rs. 50/ - to Raju Singiwala and today when he asked him to return the amount, he feeling annoyed had given a slap and had caused a knife blow to his brother.;