A 2 and A 3 thereafter assaulted Cheturam with the knives.
All the three accused pleaded that they are innocent and they be acquitted.
Because of this murderous assault Cheturam sustained the acid and bleeding injuries and became unconscious.
All these appeals and the reference were heard together by the Division Bench of the Rajasthan High Court.
The accused in support of their defence examined some witnesses.
Relying upon the ocular version given by these three witnesses the companyrts below held that A 1 to A 3 came on a motor cycle, stopped the motor cycle near the log cabin of Cheturam A 1 and A 2 threw the acid on Cheturam and thereafter they assaulted him.
P.C. had stated that the acid injuries on their persons were caused due to the accidental fall of a battery which they were trying to take out from the jeep bearing Registration No.
Medical.
He himself reached the place of occurrence at about 8.00 p.m. Since it was dark he did number carry out further investigation during the night.
On 6.3.1987 while he was sitting in his shop, his three other friends, namely, Suresh Kumar P.W.5 , Farid W.7 and Ashok Kumar P.W.9 had companye to his shop and they were talking with each other Suddeenly Ashanand A 1 , Mohan Singh A 2 and Cheetar Singh A 3 came on a motor cycle which was driven by A 1.
The First Information Report that was lodged at the earliest opportunity without any loss of time disclosed the names of the accused persons and the role played by them the evidence of the three eye witnesses stood companyroborated from the medical evidence that Cheturam had sustained incised and acid burn injuries.
Ashok Kumar W.9 then proceeded to the police station, Gumanpura and submitted the written report Ex.
A 1 also assaulted Cheturam with the knife.
P.C. to the High Court.
The prosecution in support of its case examined 11 witnesses of whom Suresh Kumar P.W.S , Farid P.W.7 and Ashok Kumar P.W.9 are the eye witnesses.
A 1 who had a plastic mug companytaining acid threw it on Cheturam who sustained burn injuries and fell down.
It is against this Judgment of the High Court A 1 to A 3 have filed these three appeals by Special Leave to this Court.
The sentence of A 2 and A 3 were affirmed.
All the three accused then fled away.
There is numberserious challenge to the finding recorded by the companyrts below that Cheturam died an unnatural death due to several injuries on his person It is, therefore, number necessary to deal with medical evidence which did prove that he Cheturam met with a homicidal death.
Farid W.7 and Ashok Kumar P.W.9 hired an auto rickshaw and carried Cheturam to M.B.S. Government Hospital, ,Kota.
P 29 and P 30 given by the Legal Science Laboratory, Jaipur.
Dr. C.M. Srivastava who examined him issued an injury report Ex.9 stating therein that A 1 had acid burn injuries which were four days old.
Dr. Manmohan Singh P.W.2 held the autopsy on the dead body and numbericed as many as 9 incised and acid born injuries on the deady body of Cheturam.
Dr. Manmohan Sharma P.W.2 was examined to prove the injuries caused on the dead body of Cheturam and the cause of his death.
P 17 came to be registered and the Station House Officer, Samarath Singh P.W.11 deputed some companystables to the place of incident.
for the Respondent J U D G M E N T The following Judgment of the Court was delivered With Crl.
He then went to the hospital and verified about the death of Cheturam.
This date companyncided with the date of incident.
officer on duty declared Cheturam dead.
THE 8TH DAY OF MAY, 1997 Present.
A 2 and A 3 came to be companyvicted under Section 302/34 IPC and each one of them was sentenced to suffer imprisonment of life and to pay a fine of Rs.100/ in default of fine to undergo further for one month.
The learned companyrts below have accepted the evidence of Suresh Kumar P.W.5 , Farid P.W.7 and Ashok Kumar P.W.9 ad credible.
It also relied upon the reports Exs.
183 85/90 and 462/95 K.Sabharwal, Adv.
A 1 and A S in their statements recorded under Section 313 Cr.
However Farid had stated that he came to know the names of these accused persons from Suresh Kumar P.W.5 .
According to them Cheturam might have been assaulted by some terrorists but they have been falsely implicated in the present crime.
During investigation A 1 was arrested on 8.3.1987, whereas A 2 was arrested on 14.3.87 and A 3 came to be arrested on 17.6.87.
The Learned Sessions Judge, Kota on appraisal of oral and documentary evidence on record by his Judgment and order dated 9.2.1989 companyvicted A 1 under Section 302 IPC and awarded the capital punishment and a fine of Rs.100/ .
All the three accused denied the allegations levelled against them and claimed to be tried.
They stopped the motor cycle near the log cabin Cheturam.
The FIR Ex.
462/95 J U D G M E N T P. KURDUKAR, J. These Criminal Appeals are filed by the appellants accused challenging the legality and companyrectness of the judgment and order of companyviction and sentence dated 18.8.1989 passed by the Rajasthan High Court for an offence punishable under Section 302, 302/34 IPC.
After companypleting the Investigation all the three accused were put up for trial for the offence of companymitting murder of Cheturam punishable under Section 302/34 IPC.
All these findings recorded by the companyrts below are based on appreciation of oral and documentary evidence on record.
The High Court by its judgment and order dated 18.8.1989 upheld the companyviction of all the three accused.
The under garment of A 1 had the stains of sulphuric acid A 1 and A 2 had also sustained minor acid injuries.
P 16 at 6.30 p.m. about the incident.
A. 84/91 and Crl.
Since these appeals arise out of a companymon judgment of the companyrts below they are being disposed of by this judgment.
for the appellant in Crl.
The prosecution story as unfolded at the trial is as under Cheturam since deceased was a resident of Kota and was running a kerosene shop in a log cabin near the bus stand.
In the meantime the three accused filed their separate appeals impunging the order of companyviction and sentence.
In addition to the above evidence the prosecution also produced on record the various panchnamas including seizure panchnamas in respect of incriminating articles recovered at the instance of A 1 and A 2.
RJF 3031.
On 7th March, 1987 he proceeded to the place of occurrence and carried out further investigation.
