ASLAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed on behalf of the appellant against the judgment dated 13.9.84 of the learned Sessions Judge, Kota in Sessions Case No. 73/82 whereby the appellant has been convicted for the offences under Sections 332 and 333 I.PC. and has been sentenced to R.l. for a period of two years and five years respectively with a direction that the sentences shall run concurrently.

(2.) Briefly stated the relevant facts giving rise to this appeal are that a warrant No. 2117 dated 1.10.81 was received at Police Station, Chechat from the police Station, Narnol (Haryana) for execution against the appellant in a case under the Arms Act pending in the Court of C.J.M., Narnol. The said warrant was initially endorsed in the name of Hari Shanker ASI but before he could execute that warrant, he was transferred. Then the said warrant was endorsed in the name of Nand Singh LC 1830 of Police Station, Chechat for execution and on 19.11.81, Nand Singh with Badlu Ram and Arjun Singh posted at Police Station, Chechat were sent vide entry No. 540 in the daily diary for execution of the said warrant. During their search for appellant Aslam, they came to know that Aslam and his father Khalil had gone in the lane of Bohras after taking beetles (pan) from the beetle cabin of Kunj Bihari. Nand Singh kept standing near the said cabin and Badlu Ram and Arjun Singh both went in search of Aslam. Soon thereafter, they heard cries of Nand Singh for help whereupon they went to the place where Nand Singh was standing and found that Aslam was giving lathi blows to Nand Singh and his father Khalil exhorted and instigated him to strike him with a view to kill him. When the appellant and his father saw the other two constables coming towards them, they ran away from there. They found that Nand Singh has received injuries. They tried to catch them. They brought Nand Singh to the Police Station where F.I.R. Ex.P/1 was got registered. Nand Singh was sent for medical examination and on medical examination, he was found to have sustained one compound fracture in the right leg with 3 lacerated wounds and 4 other injuries by blunt weapon on different parts of his body. Dr. O.R Khandelwal, who examined him, prepared his injury report and got X-ray done and thereafter, opined that his injury No. 2 was grievous and all other injuries were simple in nature. All the injuries to Nand Singh were caused by blunt weapon.

(3.) After completion of necessary investigation, a challan was filed against appellant Aslam for offences under Sections 332 and 333 I.PC. and against his father Khalil for the offences under Sections 332/34 and 333/34 I.P.C. which being a case exclusively triable by the Court of Sessions was committed to the Court of Sessions for trial. The trial court after hearing the charge arguments of the parties and on the basis of material on record, framed charges against the accused persons to which they pleaded not guilty and claimed to be tried. The prosecution examined 11 witnesses and got exhibited 12 documents in support of its case. In their examination under Sec. 313 Cr.RC., the accused persons reiterated their plea of not guilty and stated that they were falsely implicated in this case due to enmity and malice. They examined witnesses namely, Shiv Shanker D.W. 1, Ram Nath Choubey D.W. 2 and Paras Ram D.W.3 in their defence.