Guman Singh, J. - (1.) In this appeal, appellant has challenged the judgment dated 6.9.2003 of the learned Additional Sessions Judge (Fast -Track), No. 1, Jhalawar, whereby appellant Mahesh @ Hari was convicted and sentenced as under: - U/S. 302 IPC: Imprisonment for life and fine of Rs. 1,000/ - in default to further suffer imprisonment for one month. Briefly stated, the prosecution case is that a written report of the incident was handed -over on September 9, 1996 at 1.35 a.m. by informant Bhikam Chand Yadav, to Shankar Lal, Sub -Inspector, at S.R.G. Hospital, Jahalawar. In the report it was reported that the informant resided in front of Sonic Bread Shop, at Mangalpura, Jhalawar. On intervening night of Sunday and Monday, at 1.00 a.m. in the night on 30.9.1996, his son Pradeep along with his friends Rajeshwar Chaturvedi and Vijay Sen were returning home on scooter from Hospital, where they had gone for dressing. The informant and his brother Narendera were waiting for Pradeep in the market, downstairs of their house. Pradeep along with Vijay Sen and Rajeshwar Chaturvedi then came and stopped the scooter in front of the shop. With this, in no time a Jeep RJ 17 T 0018 came from the side of Maskhan Singh's shop, it stopped and Mahesh alias Hai S/o. Shankar Lal and driver Gopal, got down from the jeep. Mahesh had a sword in his hand, Gopal exhorted him to kill Pradeep saying that he (Pradeep) had caused sword injury on his hand; don't leave him alive. On this, Mahesh alias Hari inflicted a sword blow on front side of Pradeep's neck with the intention to kill him, resulting in cutting his throat which caused him to fall down. On trying to save him, Mahesh and Gopal fled in the jeep towards Bus Stand. Pradeep, who was lying in pool of blood was then taken to the Police Station on scooter and from there he was taken to Hospital in Jeep. Pradeep was declared dead by the doctor at the Hospital. On this report, a case under Sec. 302/34 IPC was registered and investigation commenced. During the investigation, autopsy on the dead body was got conducted, necessary memos were prepared and the challan against accused Mahesh @ Hari, Gopal and Aslam was filed under Sec. 299 Cr.P.C., as they were absconding. Then on their surrender in Court on dated 9.2.1998, and on case being committed, the case came up for trial before the Additional Sessions Judge (Fast Track) No. 1, Jhalawar.
(2.) The prosecution examined as many as 21 witnesses in support of its case. The statements of the accused were recorded under Sec. 313 Cr.P.C. In his explanation, appellant Mahesh @ Hari stated that the eye -witnesses examined were persons of criminal back ground and he was falsely implicated due to enmity as the deceased Pradeep made a deadly attack, which injured his hand at the paw so he was unable to hold a sword. One witness in defence was however examined. Learned trial Judge on hearing final submissions acquitted accused Gopal and Aslam, while convicted the appellant Mahesh @ Hari as indicated here -in -above.
(3.) We have heard learned counsel for the appellant, learned Public Prosecutor for the State and with their assistance scanned the material on record. Learned counsel for the appellant argued that the appellant has been falsely implicated due to enmity as the deceased Pradeep had made a deadly assault on the appellant wherein paw of his hand was injured and the appellant could not grip the sword as alleged by the prosecution.;