PAPPU @ PARMANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant, Pappu alias Parmanand, against the Judgment dated Jan. 29, 1981, passed by the Additional Sessions Judge, Kota, in Sessions Case No. 35 of 1979. In the Sessions Case aforesaid two person, namely, the accused-appellant, Pappu, and one Prahlad were prosecuted. The appellant was charged with offences under section 307 I.P.C. and Section 4/25 of the Arms Act- Accused Prahlad was charged with offence under Sec. 307/34 I.P.C. The aforesaid prosecution was in relation to an incident which took place on May 27, 1979 at about 11.15 P.M. at Kota in front of Sunder Dharmshala and near the shop of Kailash Panwala. in the said incident one Narendra Kumar, P.W. 1, sustained one knife injury In the chest. The case of the prosecution is that the relations of the appellant and Narendra Kumar were strained and that at the time of the alleged incident the appellant was standing near the shop of Kailash Panwala and the complainant Narendra Kumar came along with a Barat in Sunder Dharmshala. The case of the prosecution is further that on seeing Narendra Kumar the appellant abused him and inflicted a knife injury on his chest.

(2.) In support of its case the prosecution has examined ten witnesses out of which Narendra Kumar, P. W. I, Narottam P.W. 2, Anil Kumar, P.W. 3, Moolchand, P.W. 4, and Tulsidas, P.W. 6 are the eye-witnesses of the alleged occurrence.

(3.) The Additional Sessions Judge, after taking into consideration the evidence adduced by the prosecution, has found that the prosecution has been able to establish that the accused-appellant had inflicted one knife injury on the chest of Narendra Kumar, P.W. 1. The Additional Sessions Judge has however, hold that the said injury which was inflicted on the person of Narendra Kumar could not be said to be sufficient in the ordinary course of nature to cause death. In view of the aforesaid finding the Additional Sessions Judge acquitted the appellant of the charge under section 307 I.P.C. The Additional Session Judge convicted the appellant of the offence under Sec. 326 I.P.C. and sentenced him to rigorous imprisonment for a period of five years and to pay a fine of Rs. 500.00 and in default of payment of fine to undergo rigorous imprisonment for a period of three months. The Additional Sessions Judge also convicted the accused-appellant of the offence under Sec. 4/25 of the Arms Act and sentenced him to undergo rigorous imprisonment for a period of six months. Co-accused, Prahlad, was acquitted by the Additional Sessions Judge. Being aggrieved by the aforesaid conviction and sentence imposed by the Additional Sessions Judge, the appellant has filed this appeal.