KALOO Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This appeal filed by accused Kalu S/o Kistoor through Jail is directed against the judgment and order dated 10.9.2003 passed by learned Sessions Judge, Fast Track, Pali in sessions case No. 108/2003 whereby the accused appellant alongwith two co-accused Kana Ram and Chuna Ram were convicted for the offence under Secs. 324 and 324/34 Penal Code respectively and sentenced to undergo three months' rigorous imprisonment and fine of Rs. 100.00 in default of payment of fine to further undergo one week's rigorous imprisonment.

(2.) The briefly stated facts giving rise to the present case are that on 17.12.2002 at about 11.00 PM, PW-7 Behru Singh lodged an FIR inter alia alleging therein that he alongwith Ratan Singh, Chunnilal, Lumbaram and Mahendra Singh were taking meal at hotel in the night. Appellant Kalu and two other co-accused persons came there in a drunken state having knives in their hands and inflicted injuries on one Ratan Singh. On this report, a case bearing No. 714/02 was registered at RS. Kotwali, Pali for the offence under Secs. 324 and 307 IPC. After completion of usual investigation, police filed charge-sheet against the accused appellant and two co-accused Kana Ram and Chuna Ram. The prosecution in support of its case, examined as many as 11 witnesses. The statement of accused appellant and co-accused were recorded under Sec. 313 Crimial P.C. On appreciation of evidence, the learned trial court came to conclusion that prosecution has failed to prove the case against any of the accused including the appellant for the offence under Sec. 307 IPC. However, the appellant was found guilty for the offence under Sec. 324 Penal Code and Kana Ram and Chuna Ram for offence under Sec. 324 read with Sec. 34 Penal Code and they were convicted accordingly as noticed above.

(3.) I have heard learned counsel for the appellant as also learned Public Prosecutor for the State. Perused the record and order impugned.