LAWS(RAJ)-2015-7-420

VASHIRKHAN Vs. STATE OF RAJASTHAN

Decided On July 20, 2015
Vashirkhan Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment/order dated 6.4.1994 passed by Addl. Sessions Judge, Bayana in Cr. Case No. 54/1993, whereby he convicted the appellants for the offence under Sections 323, 324, 325 readwith 34 IPC and sentenced them as under: Accused appellant Vashirkhan S/o Rajekhan Convicted for the offence under Section 325 IPC and sentenced to undergo 2 years' RI with a fine of Rs. 500/- Convicted for the offence under Section 324/34 IPC and sentenced to undergo 1 year's RI with a fine of Rs. 200/- Convicted for the offence under Section 323/34 IPC and sentenced to undergo 6 months' SI with a fine of Rs. 200/- In default of payment of fine, the accused appellant was directed to further undergo 3 months' rigorous imprisonment. Accused appellant Hameed Khan S/o Vashir Khan Convicted for the offence under Section 325/34 IPC and sentenced to undergo 2 years' Rigorous Imprisonment with a fine of Rs. 500/- Convicted for the offence under Section 323/34 IPC and sentenced to undergo 6 months' rigorous imprisonment with a fine of Rs. 200/- Convicted for the offence under Section 324 IPC and sentenced to undergo 1 years' rigorous imprisonment with a fine of Rs. 200/- In default of payment of fine, the accused appellant was directed to further undergo 3 months' rigorous imprisonment. Accused appellant Saleem S/o Vashirkhan: Convicted for the offence under Section 325/34 IPC and sentenced to undergo 2 years' rigorous imprisonment with a fine of Rs. 500/- Convicted for the offence under Section 324/34 IPC and sentenced to undergo 1 years' rigorous imprisonment with a fine of Rs. 200/- Convicted for the offence under Section 323 IPC and sentenced to undergo 6 months' rigorous imprisonment with a fine of Rs. 200/- In default of payment of fine, the accused appellant was directed to further undergo 3 months' rigorous imprisonment.

(2.) Brief facts of the case are that on 8.2.1993, a report was submitted by Kamruddin S/o Ramjani at Police Station, Weir alleging therein that on 17.2.1993 at about 4-5 PM, the appellants came to the house of the complainant and inflicted injuries to Ramjani, Babloo and Amin. It was also alleged that the injured were taken to the hospital, from where they were taken to Bharatpur. On the basis of above report, the police registered a case no. 23/1993 for the offence under Sections 323 and 324 IPC and investigation was commenced. After completion of investigation, the police filed the challan for the offence under Sections 325, 324, 323 and 307 readwith Section 34 IPC. Thereafter charges were framed against the accused persons, who denied for the same and claimed for trial. The prosecution produced its witnesses. The statement of accused persons were recorded under Section 313 CrPC. After hearing the arguments of both the sides, the learned trial court vide judgment dated 6.4.1994, while acquitting the accused persons for the offence under Section 307 IPC, convicted and sentenced the accused appellants as indicated here-in-above.

(3.) Against the said judgment, this appeal has been filed by the accused appellants.