MUNSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred the instant appeal under Sec. 374 (2) of the CrPC being aggrieved of the judgment dtd. 20/4/2008 passed by the learned Additional Sessions Judge (Fast Track), Banswara in Sessions Case No.95/2008, whereby he has been convicted and sentenced in the following manner :- <IMG>JUDGEMENT_193_LAWS(RAJ)9_2023_1.jpg</IMG> The sentences were ordered to run concurrently.

(2.) Briefly stated, facts relevant and essential for disposal of the case are that on 12/10/2008 at 11.30 a.m., complainant Khema submitted an oral report at the Police Station Ambapura to the effect that he was engaged in the work of agriculture and sorcery. His son Munshi was living separately and he had given him land, well, cattle etc., still he used to ask for share in the income earned by sorcery and on refusal, he had threatened to kill the complainant and his wife. On 11/10/2008, he alongwith his wife Kali, son-in-law Narayan, daughter Santosh and house-help Nirma were sleeping in the house. In the night at about 11.00 p.m. his son Munshi came and asked for money and tractor, but they did not open the gate due to fear, on which Munshi broke open the door with a rod and asked for keys of the tractor. When he refused for the same, the accused started assaulting him, his wife and son-in-law with kicks and fists. He damaged the house with iron rod and also broke the cot. When Santosh and Nirma made a hue and cry, the complainant's brother Heera came there and upon his intervention, the accused ran away. A damage of Rs.25,000.00 was caused in the incident.

(3.) On the basis of aforesaid report, FIR No.147/2008 for the offences under Ss. 458, 323, 327 and 427 of the IPC was registered and after usual investigation, a charge-sheet was filed against the present appellant for the offences under Ss. 459, 327, 329, 427 and 325 of the IPC.