SUBHAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have before me three appeals. One is by Subhan Khan and it arises out of the judgment of the learned Additional Sessions Judge, Alwar, dated 6-2-70 in Sessions case No. 24 of 1969. Appellant Subhan Khan were found guilty of offence under secs. 148, 304 Part II read with sec. 149,326 read with sec. 149 Indian Penal Code. For the offence under sec. 148 Indian Penal Code each of the accused was awarded 2 years rigorous imprisonment. For the offence under sec. 304 Part II read with sec. 149 Indian Penal Code each of the accused was awarded five years rigorous imprisonment. For the offence under sec. 326 read with sec. 149 Indian Penal Code each of the accused was awarded five years rigors imprisonment and a fine of Rs. 50/-, in default one month's further rigorous imprisonment in each case. For the offence under sec. 325 read with sec. 149 Indian Penal Code each of the accused was awarded two years rigorous imprisonment and a fine of Rs. 25/-, in default 15 days further rigorous imprisonment in each case. The substantive sentences of imprisonment were ordered to run concurrently.

(2.) CRIMINAL Appeals Nos. 164 of 1970 and 183 of 1970 are by convicts in the counter case which was Sessions Case No. 23 of 1959, decided on 6-2-70. The five accused appellants concerned in the two appeals namely, CRIMINAL Appeal Nos. 164 and 183 of 1970 were convicted under secs. 148, 326 read with sec. 149 and 323 read with sec. 149 Indian Penal Code. Each one of them was sentenced to two years rigorous imprisonment under sec. 148 Indian Penal Code. For the offence under sec. 326 read with sec. 149 Indian Penal Code each one of them was sentenced to five years rigorous imprisonment and a fine of Rs. 50/-, in default one month's further rigorous imprisonment. For the offence under sec. 323 read with sec. 149 Indian Penal Code each of the accused was awarded six months rigorous imprisonment. All the substantive sentences were ordered to run concurrently.

(3.) JUMMAH had 14 injuries. He had 4 punctured wound 2 on the left leg. He had bruises on the right fore-arm, left thigh, elbow, left fore-arm and right cheek and mandible. He had a lacerated wound on the right eye and also a lacerated wound on the left thumb. Then there was an incised wound on the scalp in the middle and a bruise on the right scapular region. There was a fracture beneath the bruise with swelling found on the right cheek.