ABDUL KARIM @ KALE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Sessions Judge. Tonk vide his judgment dated 25.2.1883 found the appellant (Abdul Karim) guilty for the offences under Sections 307 & 326, IPC, and sentenced him as under:- <FRM>JUDGEMENT_70_LAWS(RAJ)12_1990.html</FRM>

(2.) Upon a Parcha Bayan of Abdul Rehman recorded on 21.1.1982, a criminal case for the offences under Sections 307, 326, & 325, IPC, was registered at police station Kotwali (Tonk) According to the Parcha Bayan, Abdul Rehman was called by son, Aziz from the Arabic School intimating him that Kale Khan, Pyare & Sabir had been beating the women of the family, and immediately after his arrival at his house, the afore named three persons, along with Chhotiya & Abdulla surrounded him. Abdul Karim is said to have caused injuries by a Ballam on hips & abdomen whereas Pyare & Sabir caused lathi injuries.

(3.) First contention on behalf of the appellant is that for the self same incident, arraying as Abdul Rehman (PWI), & Ajij-jur-rehman (PW11) as accused, a cross case for the murder of Sabir was registered and they faced trial but, therein, learned trial Court acquitted them (PWI & PWI 1) on 25-2-1983 a copy of that decision has been produced by Shri S.M. Ali today. According to that decision in cross-case (supra), the trial Court found that it was darknight and at the time of the incident, the light had went off and in such a situation, it was very difficult to have witnessed the incident. Taking the aid of the situation, Shri S.M. Ali, on behalf of the appellant, vociforcely urged that on similar findings, the prosecution evidence should also be discarded in the case at hand because, the prosecution witnesses were not at all in a position to see and say that the injuries allegedly caused on the person of Abdul Rehman were certainly caused by the present appellant.