VALLI ULLAH KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellants against the judgment and order dated 19. 3. 2001 passed by the learned Sessions Judge, Pratapgarh in Sessions Case No. 84/2000 by which he convicted and sentenced the accused appellants in the following manner:- Name of accused appellants Convicted u/sec. Sentence awarded 1. Imran @ Chunnu Khan 307 IPC Ten years' RI and to pay fine of Rs. 1000/- in default of payment of fine, to further undergo imprisonment for one month. 324 IPC Three years RI. 341 IPC One month SI. 2 Valli Ullah Khan 307/34 IPC Ten years' RI and to pay fine of Rs. 1000/- in default of payment of fine, to further undergo imprisonment for one month. 324/34 IPC Three years RI. 341 IPC One month SI. All the above substantive sentences were ordered to run concurrently.

(2.) THE facts giving rise to this appeal, in short, are as follows:- On 28. 4. 2000 at about 12. 50 p. m. , P. W. 1 Gebilal gave a Parchabayan Ex. P/3 to P. W. 2 Amar Singh, SHO, Police Station, Pratapgarh in the hospital stating that on 28. 4. 2000 at about 11. 30 a. m. , he was going from his house to another house on foot and when he reached in front of the house of Ratan Dangi, a motor cycle came in front of him and the same was being driven by the accused appellant no. 1 Valli Ullah Khan and behind him, his brother accused appellant No. 2 Imran was sitting and seeing him both of them stated that he be killed today. It was further stated by P. W. 1 Gebilal that hearing these words, he tried to run away, but they caughthold him and put him on the ground and P. W. 1 Gebilal made hue and cry and told that he be not killed and upon this, both accused appellants told that since he had given evidence against them in a murder case of Bansi, therefore, they would take revenge today. It was further stated by P. W. 1 Gebilal that after saying this, the accused appellant No. 2 Imran with intention to murder him gave so many blows on his person by knife and at that time, the accused appellant no. 1 Valli Ullah Khan caughthold him. It was further stated by P. W. 1 Gebilal that his son P. W. 6 Ballu and brother P. W. 4 Kanhaiyalal were also there and in front of the house of P. W. 16 Champalal, one other motor-cycle was also standing. P. W. 1 Gebilal has further stated that as a result of giving so many blows by knife by the accused appellant no. 2 Imran, he received injuries on his chest, hands, back, right thigh etc. P. W. 1 Gebilal has further stated that this incident was also witnesses by P. W. 3 Torilal and P. W. 8 Jagdish. On this Parchabayan Ex. P/3, police chalked out regular FIR Ex. P/18 and started investigation.

(3.) TO appreciate the above contention, first the medical evidence has to be seen, which is found in the statement of PW7 Vimal Chand.