MANAK CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned Public Prosecutor for the State.

(2.) This appeal is directed against the order dated 1/5/2007 passed by the learned Addl. Sessions Judge (Fast Track) No.1, Hanumangarh, whereby, the accused appellant was convicted for the offence under Section 307 IPC and sentenced to three years RI and fine of Rs.5000/- and in default of payment of fine to further undergo one month's RI.

(3.) The brief facts of the case are that on 2/8/2005 at about 2.25 pm ASI Asu Singh recorded a Parcha Bayan of injured Bablesh Kumar at the Govt. Hospital, Hanumangarh, wherein, he stated that he is running a provision store at ward no.6, in which, he also runs a STD/PCO and in the morning at about 9.00 am the accused appellant came to his shop and abused him and again at about 12 noon he came there and alleged that he had molested his wife, so he called his wife Santara and explained her everything then she made the accused understood and both of them went out of the shop and sit in front of their house nearby. Thereafter, at about 1.00 pm he closed his shop and was about to leave for his house for lunch and soon he started his scooter, accused Manak Chand came towards him and caused a knife blow in his stomach with the intention to kill him. Upon this Parcha Bayan, police registered a case under Section 307, 323, 341 IPC against accused appellant and his family members and after investigation police filed challan in the court of learned Chief Judicial Magistrate, Hanumangarh from where the case was committed to the Court of Sessions.