INDER KUMAR Vs. STATE OF RAJ

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374(2) Cr.P.C. against the judgment and order dated 07.06.1990 passed by the learned Additional Sessions Judge, No.3, Jodhpur in Sessions Case No.56/1988, whereby the appellant -accused was convicted for the offences under Sections 326 IPC and 4/25 of the Arms Act and was sentenced as under: - U/s.326 IPC: Three Years' rigorous imprisonment with fine of Rs.3,000/ -, in default of payment whereof to further undergo one year's rigorous imprisonment. U/s.4/25 Arms Act: Three months' rigorous imprisonment with fine of Rs.500/ -, in default of payment whereof to further undergo two months' rigorous imprisonment. The brief facts of the case are that on 19.03.1986, one Mohd. Safi S/o Shri Abdul Salim, admitted in the Post Operative ward of Mahatma Gandhi Hospital, Jodhpur gave statement that on 18.03.1986, at about 7.30 p.m. in the evening, when he was going towards Sojati Gate from Tourist Bungalow, Jodhpur on his taxi, he was stopped by two persons near Darpan Cinema and was asked to leave them to 5th Pulia, Chopasni Housing Board for which he demanded Rs.12/ - as hire. On his asking for hire, they annoyed and threatened him and put him out of taxi and the appellant -accused inflicted a knife blow on the thigh. When some persons including his brother Shabir reached there they ran away and he was taken to the hospital.

(2.) ON the basis of this statement, a case was registered at P.S. Udaimandir, Jodhpur and investigation commenced. After completion of investigation, the police filed charge -sheet against the appellant -accused for the offences under Sections 307, 324, 326, and 341/34 IPC and Section 4/25 of the Arms Act and against co -accused Anjumia @ Salim for the offences under Sections 307, 324, 326 and 341/34 IPC in the court of Judicial Magistrate, No.1, Jodhpur.

(3.) SINCE the offence under Section 307 IPC was exclusively triable by the court of Sessions, therefore, the learned Judicial Magistrate, No.1, Jodhpur committed the case to the Court of Sessions for trial wherefrom the case was transferred to the court of learned Additional Sessions Judge, No.2, Jodhpur vide order dated 12.08.1986. The learned Additional Sessions Judge, No.2, Jodhpur, vide order dated 09.06.1988 framed charges for the offences under Sections 307, 326 and 342 IPC and Section 4/25 of the Arms Act against the appellant -accused and for the offences under Sections 307/34, 326/34 and 342 IPC against the co -accused Anjumia @ Salim to which they denied and claimed trial. Thereafter, the case was transferred to the court of learned Additional Sessions Judge, No.3, Jodhpur (hereinafter referred to as 'the learned trail court') vide order dated 28.11.1988 where the trial commenced. To substantiate the charges, the prosecution examined as many as 6 witnesses and exhibited documents. The accused was, thereafter, examined under Section 313 Cr.P.C., wherein he denied the prosecution case and stated that he has been implicated falsely and examined Ramsingh (DW -1) and Teekam Chand (DW -2) in defence.