JAIDAR ALIAS JALLADDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 374, Cr. P. C. arises out of the judgment and order dated March 31, 1998 passed by the Additional Sessions Judge No. 1, Alwar thereby convicting the accused appellant for offence under Sections 302 and 394,1. P. C. and sentencing him to undergo life imprisonment with a fine of Rs. 1000/-, in default thereof, to further undergo 3 months rigorous imprisonment on first count and life imprisonment with a fine of Rs. 3000/-, in default of payment of fine, to further undergo 9 months' rigorous imprisonment on the second count.

(2.) The facts leading to the present appeal may be summarised as follows : On 12-7-1997 at 11.15 p.m., Girraj Prasad (PW-2), Assistant Sub-Inspector of Police recorded Parcha Bayan, Ex. P. 7 of Himma while, he was admitted in the Surgical Ward of Govt. Hospital, Alwar. On the basis of this Parcha Bayan, a case for offence under Sections 307, 324 and 392, I.P.C. came to be registered at Police Station Shivaji Park Alwar. After a lapse of some time, injured Himma passed away and accordingly Section 302, I. P. C. was added.

(3.) In the Parcha Bayan, deceased alleged that on the day of incident at 8.00 a.m. he had to purchase a plot and for that purpose he went to the appellant. He had with him Rs. 50.000/- kept in a plastic bag. Appellant Jaildar continued to show him plots in Alwar for whole of the day and in the night at about 10-10.30 p.m. the appellant took out a knife and struck it near some factory, as a result of which he fell down and the accused snatched the amount and ran away.