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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP MEHTA, VINIT KUMAR MATHUR, JJ.
Pankaj Rana S/o Shri Kalu Ram – Appellant
Versus
State of Rajasthan – Respondent
D.B. Criminal Appeal No. 579 of 2014
Decided On : 07-03-2019
Criminal Procedure Code, 1973 – Section 374(2) – Penal Code, 1860 – Section 302 – Arms Act,1959 – Section 4 and 25 – Appeal against Conviction – Murder – Essentials of – Whether Convicted under murder – Impugned Order – Challenged – Held, Converting conviction from one under Section 302 IPC to Section 304 Part I IPC on ground that incident happened on spur of moment after a heated altercation between deceased and appellant and there was no motive or intention to cause fatal injuries is also bereft of merit as it has come in testimony that appellant suddenly came and attacked by sharp weapon on his body which ultimately proved fatal – Relationship between two families was not very cordial and, therefore, enmity could have been reason for present incident – Learned trial Court was perfectly justified in convicting appellant for offences – Appeal has no merit and same is hereby dismissed (Para 34, 36 and 37)
Facts of the Case:
The present appeal under Section 374(2) Cr.P.C. has been preferred by the appellant Pankaj Rana against the judgment dated 20.06.2014, passed by learned Additional District and Sessions Judge,under Penal Code, 1860 – Section 302 and Arms Act,1959 – Section 4 and 25
Findings of the Case:
Held, Converting conviction from one under Section 302 IPC to Section 304 Part I IPC on ground that incident happened on spur of moment after a heated altercation between deceased and appellant and there was no motive or intention to cause fatal injuries is also bereft of merit as it has come in testimony that appellant suddenly came and attacked by sharp weapon on his body which ultimately proved fatal – Relationship between two families was not very cordial and, therefore, enmity could have been reason for present incident – Learned trial Court was perfectly justified in convicting appellant for offences
Result: Appeal has no merit and same is hereby dismissed.
JUDGMENT :
1. The present appeal under Section 374(2) Cr.P.C. has been preferred by the appellant Pankaj Rana against the judgment dated 20.06.2014, passed by learned Additional District and Sessions Judge, Abu Road in Sessions Case No. 01/2013, whereby the accused- appellant has been convicted and sentenced as under:-
| Offence | Sentence | Fine | In default |
| 302 IPC | Life Imprisonment | Rs. 5,000/- | 6 months Additional imprisonment. |
| 4/25 Arms Act | Three Years | Rs. 2,000/- | 3 months Additional imprisonment. |
2. Brief facts necessary to be noted are that a written report (Ex.P.4) was filed by Sanjay Kumar (PW-3) at Police Station Rohida, District Sirohi to the effect that on 09.10.2012, his elder brother Lalit Kumar was at home. At around 6.30 p.m. his brother was sitting near the Anganwadi Centre in the Village. While he was sitting there, Pankaj Rana who was living in their locality came and suddenly attacked his brother with a knife. His brother raised a hue and cry and on hearing the same, he, his mother, his sister-in-law and his uncles Kantilal and Mani Lal reached the place of incident and saw his brother lying in a pool of blood in an unconscious state. After assaulting his brother with a knife, Pankaj Rana ran away from the place of incident. His brother was taken to Rohida Hospital where the doctor was on leave and, therefore, he was taken to Trauma Centre at Abu Road. On reaching the Trauma Centra, the doctor declared him dead. Pankaj Rana and his mother Amiya Rana often indulged in quarrels with Lalit Kumar and for this reason, they were bearing ill-will towards him. Pankaj Rana, with the aid of his mother Amiya Rana inflicted knife injuries to his brother resulting into his death.
3. On the aforesaid written report, a formal FIR No. 99/2012 was registered against the accused for the offence under Sections 302 and 120B IPC at the Police Station Rohida, District Sirohi.
4. After completion of the investigation, police filed a chargesheet against the accused-appellant for the offence under Sections 302 IPC and Section 4/25 of the Arms Act.
5. Learned Trial Court framed, read over and explained the charges for the offence under Section 302 I.P.C. and Section 4/25 of the Arms Act to the accused appellant who denied the charge and sought trial.
6. During the trial, the prosecution examined as many as 19 witnesses and 25 documents were got exhibited.
7. The accused-appellant was examined under Section 313 Cr.P.C. and he was confronted with the evidence adduced against him during the course of trial to which he denied and stated that brother of the deceased Sanjay is working in the Police department. There are number of cases filed against him, therefore, he has been falsely implicated in this case. Kantilal who is uncle of Sanjay is keeping enmity with him. On earlier occasions, he called Gangster from the Ahmedabad for assaulting/killing him. Since they could not kill him, they have falsely implicated him in the case. Police has not taken the samples of his blood for examination.
8. Learned trial Court, after hearing the arguments from both the sides, taking into consideration and appreciating the documentary evidence and the statement of witnesses, convicted and sentenced the accused-appellant as above vide judgment dated 20.06.2014. Hence this appeal.
9. We have heard the arguments advanced by learned counsel for the appellant and the learned Public Prosecutor.
10. Learned counsel for the appellant has fervently argued that the appellant has been falsely implicated in the case as the relationship between the complainant and the appellant is not very cordial. There are material contradictions and omissions in the testimony of the prosecution witnesses. All the eye witnesses i.e. PW-3 Sanjay Kumar, PW-11 Smt. Usha Devi, PW-12 Kavita, PW-13 Mani Lal and PW-15 Kantila
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