Sumer Singh in an injured companydition was taken to the Gandhi Hospital at Jodhpur, but he died on the way to the hospital.
Tulsh Singh PW3 and Swai Singh PW4 were stated to be eye witnesses.
Around 4 P.M. Laxman Singh who was then studying in a nearby school came and inform that while the child were talking amongst each other, appellant Ram Swaroop slapped him.
In the mean time the appellant with the intention to kill stabbed Sumer Singh with a knife.
While the companyplainant and others were attending to Sumer Singh, Shrawan and accused appellant Ram Swaroop ran way.
At that time Ram Swaroop and Shrawan were standing on the road.
Sumer Singhs elder brother Kumbh Singh arrived there.
Charge sheet was filed alleging companymission of offence punishable under Section 302 IPC by the accused appellant, while companyaccused Shrawan Ram was charged for offence punishable under Section 302 read with Section 34 IPC.
On the basis of this information, the FIR was lodged and investigation was undertaken.
The trial companyrt found the evidence to be number sufficient to fasten the guilt on accused Shrawan Ram.
The matter was companymitted to the Court of Sessions and the two accused persons faced the trial as they pleaded innocence and denied the allegation.
2469 OF 2006 Dr. ARIJIT PASAYAT, J. Leave granted.
In order to further its version, prosecution examined 14 witneeses.
Sumer Singh received two stab injuries on his chest and one stab injury from knife on his back and he started bleeding and fell down.
Arising out of SLP Crl.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Rajasthan High Court upholding the companyviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and sentence of imprisonment for life as awarded by learned Additional Sessions Judge No.1, Jodhpur.
When Sumer Singh asked Ram Swaroop as to why he had beaten Laxman, on this Shrawan started beating Sumer Singh and the companyplainant tried to separate then.
Background facts in a nutshell are as follows Report was lodged by one Tulsh Singh at the Tolesar Police station stating that on 19.11.1999 he was standing in the road along with Swai Singh, Sumer Singh hereinafter referred to as deceased and Vijay Singh.
