PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed under Sec. 374(2) CrPC by the accused appellant challenging the judgment dtd. 11/2/1991 in Sessions case No.42/1989 passed by the Sessions Judge, Bundi whereby he has been convicted for offence under Sec. 307 IPC and sentenced to undergo four years rigorous imprisonment, fine of Rs.1000.00, in default to further undergo six months rigorous imprisonment.

(2.) Facts of the case are that on 24/12/1988 in night at about 11.00 PM, a parcha bayan of injured Abdul Latif was recorded at General Hospital Bundi, wherein he stated that in night of 24-12- 1988 around 8.15 PM he along with Shekh Umar, Mohammad Hafij and Maksood was going to Aktasa cinema hall then on bridge near Aktasa accused Pappu along with one other met him and pappu suddenly with the intention to kill him, inflicted a knife blow from sharp side at testicles, the other person caught his hands, when his companions pushed them, they ran away. He further stated that around two months ago, Pappu was playing bugle loudly, opposite the shop of Gulshan, which was objected by him, due to which altercations ensued between both of them, and since then pappu had animosity with him.

(3.) The prosecution examined twelve witnesses and exhibited documents, including injury report of Abdul Latif. In defence evidence, the accused pleaded not guilty and stated that on the date of incident, 5-6 persons encircled him and a scuffle took place, due to which Latif fell down from the bridge and sustained injuries, and the he has been falsely implicated in this criminal case. The trial Court considering oral and documentary evidence produced by the prosecution, convicted and sentenced the accused in aforesaid terms.