GULAB CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By his judgment dated Oct. 28, 1977 the learned Sessions Judge, Merta convicted and sentenced the accused Gulab Chand as under:- <FRM>JUDGEMENT_77_LAWS(RAJ)7_1984(1).html</FRM>

(2.) Substantive sentence were directed to run concurrently. The accused has come up in appeal to challenge his conviction and sentence.

(3.) Briefly stated, the prosecution case is that P. W 3 Bashiruddin was posted as a Guard in Northern Railway at Merta Road in 1976. He was living with his wife Smt. Safina (P. W. 1) and minor children in Railway quarter No. N. T. 72-C situated in loco colony. In the evening of June 25, 1977 he and his wife after taking meals retired to sleep. He was sleeping in his drawing room shown by letter F in site plan Ex. P. 1 whereas his wife Smt. Safina and his two minor daughters were sleeping in the inner Varandah shown by letter in site plan EX. P 1. Smt. Safina was nearly 20 years of age at that time. The accused was a cleaner in railway in Merta Road and used to discharge the duties of call-man to communicate the message of duty to drivers and fireman. At about 11-30 P.M., PW 1 Smt. Safina hearing some Aahat' awoke and found the accused standing near her cot with a knife in his hand He caught the cheeks of Smt. Safina. She pushed him and raised cries. Hearing her cries, her husband Bashiruddin (PW 3) came out from his room. He challenged the accused. The accused tried to escape and Bashiruddin attempted to catch hold of him. Bashiruddin caught the accused by his Baniyan but the accused managed to run away forcibly. In that process, a piece of Baniyan of the accused remained in the hand of Bashiruddin. When the accused found it difficult to escape, he took out the knife and aimed to strike a blow in the abdomen of Bashiruddin. Bashiruddin took a turn to escape and the knife-blow fell on his left hip, causing injury on that part Bashiruddin fell down. He raised cries. Hearing his cries, his neighboured PW 6 Abdul Sattar and PW 7 Saburuddin came there. They tried to catch hold of the accused but seeing a naked in his hand, could not dare to do so. The accused thus managed to run away. There was bleeding from the wound of Bashiruddin. Somebody immediately went to the railway doctor Shri Hanuman Singh (PW 4) and brought him there on the spot. He gave the First Aid Treatment to Bashiruddin. A report Ex. P of the occurrence was drawn up and was presented to Police Station, Merta Road at about 00 30 hours on May 26, 1976. The police registered a case and proceeded with investigation. Bashiruddin was next taken to the Civil Hospital, Merta City. His injury was examined by Dr. Tulsaram (PW 5) and he found the following:-