R.S. Chauhan, J. - (1.) A drunken brawl, a sudden fight, knife stabbing, dying declaration, and eventual death of Sohan Lal @ Sonu, has brought the appellants before this Court. The appellants are challenging the judgment dated 20.6.2002, passed by the Additional Sessions Judge, (Fast Track), No. 1, Jaipur City, whereby the learned Judge has convicted appellant No. 1, Rajkumar @ Rajesh of offence under Section 302 I.P.C. and has convicted appellant No. 2, Shankar of offence under Sections 302/34 I.P.C. and sentenced both of them to Life Imprisonment and has imposed a fine of Rs. 500/- and to further undergo a term of one month of simple imprisonment.
(2.) In a nutshell the prosecution story is that on 30.7.2000, at around 11:30 A.M., one Lal Singh (PW-12), "Sub-Inspector, Police Station Vidhayakpuri, recorded the statement (Ex.P-15) of one Sohan Lal @ Sonu at Bed No. 40, South Wing, SMS Hospital, Jaipur. Sohan Lal (to be referred to as 'the deceased', for short), made the following statement: On 29.7.2000 at about three to four O'clock in the afternoon, his friend Rajkumar and Shankar were sitting behind the Kalpana Chamber in Gopal Bari and were having drinks. After drinking, a quarrel broke out amongst the three over money. Rajkumar asked him for some money so more liquor could be bought. He refused and the fight ensued. In the fight Shanker helped Rajkumar. I know both of them from earlier times. Rajkumar, with the intention to kill me, struck two knife blows in my stomach. I fell. Thinking that I was dead, Rajkumar told Shankar, let's run away. He is dead'. Then I don't know what happened.
(3.) This recorded statement was sent to the Police Station through Sepoy Sampat Lal and a formal F.I.R. (Ex.P-19), F.I.R. No. 240/2000, for offence under Section 307 I.P.C. was chalked out. However, during the course of treatment, the deceased underwent a second operation on 17.8.2000, and expired on 23.8.2000. With his death, the offence under Section 302 I.P.C. was added. Eventually, while Rajkumar was charged for offence under Section 302 I.P.C., Shankar was charged for offences under Section 302/34 I.P.C.;