TARA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal was preferred by then Appellant Prakash S/o Chhoturam, by caste Harijan, resident of Deedwana, against the judgment of conviction and order of sentence dated 10.04.1989 passed by learned Additional District and Sessions Judge, Nagaur in Sessions Case No. 89/1987, whereby the accused Appellant Prakash was convicted for commission of offence under Section 307, 326 and 324 IPC and sentenced for commission offence under Section 307 IPC to undergo five years' simple imprisonment alongwith a fine of Rs. 100/- and in default of payment of fine, further to undergo one month's simple imprisonment and for commission of offence under Section 326 IPC, the accused Appellant Prakash was sentenced to undergo five years' simple imprisonment alongwith fine of Rs. 100/- and in default of payment of fine, further to undergo one month's simple imprisonment and further for commission of offence under Section 324 IPC, he was sentenced to undergo six months' simple imprisonment alongwith a fine of Rs. 50/- and in default of payment of fine, to further undergo fifteen days' simple imprisonment. It was further ordered to serve the substantive sentences concurrently.

(2.) The accused Appellant Prakash had died on 01.11.2001 and on 09.09.2003, the court allowed the application of Smt. Tara Devi, the wife of the accused Appellant Prakash filed under Section 394 Code of Criminal Procedure and permitted her to prosecute this appeal after the death of the accused Appellant Prakash.

(3.) The nub of the prosecution story as disclosed during the course of investigation and trial was that on 06.11.1987, complainant Manakchand's son Billu was sitting in his shop of repairing shoes at the Bus Stand Deedwana, at that time accused Appellant Prakash attacked Billu and caused injuries with a sword on the neck and temporal region of Billu. When Billu tried to rescue himself and caught hold of sword, injuries were caused at his thumb and two fingers of left hand. Manakchand, father of injured Billu, lodged the First Information Report at Police Station Deedwana, on which a criminal case No. 143/1987 under Section 307, 326 and 324 IPC was registered at the Police Station Deedwana and investigation commenced.