DINESH CHANDRA SOMANI,J. - (1.) The instant criminal appeal under Section 374 of Cr.P.C. has been preferred by the accused/appellant Mahesh Chand @ Pisya S/o Shri Shambhu Dayal against the judgment of conviction and order of sentence dated 19/05/2011 passed by Special Judge, SC/ST (Prevention of Atrocities) Cases, Dausa in Sessions Case No. 72/2009 (104/09), whereby the appellant has been convicted and sentenced as under :- For offence under Section 302 of I.P.C. to undergo life imprisonment and to pay a fine of Rs.1,000/-. In default of payment of fine to further undergo six months' simple imprisonment. For offence under Section 323 of I.P.C. to pay a fine of Rs.1,000/-. In default of payment of fine to further undergo six months' simple imprisonment.
(2.) Prosecution story in brief is that on 18/10/2009 Jatashankar Sain (PW-2) submitted a written report (Ex.P-11) to Shrifal Meena (PW-3), ASI, Kotwali, Dausa in SMS Hospital, Jaipur stating therein that day on 18/10/2009 at about 9.30 AM, Govind Narain Sain was sitting in the shop of his elder brother Shambhu Dayal (PW-6). P.C. Hair Dresser was situated opposite to shop of elder brother of the informant. Mahesh Chand Sain @ Pisya son of Shambhu Dayal Sain of P.C. Hair Dresser armed with scissor, suddenly came from his shop on the shop of Ram Lakhan Hair Dresser, who using filthy language, attacked Govind Narain Sain. Due to which, Govind Narain sustained serious injury. He was taken to Government Ramkaran Joshi Hospital, Dausa, where from he was referred to Jaipur. During treatment in SMS Hospital, Jaipur, Govind Narain expired. While intervening between them, Shambhu Dayal (PW-6), elder brother of Govind Narain also sustained injuries. Kailash Chand Sain and Ramji Lal Sharma were present at the time of this incident.
(3.) On this written report, FIR No. 712/2009 was registered in Police Station Kotwali, Dausa for offence under Section 341, 323 and 302 of I.P.C. and investigation commenced.;