MAHESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant -accused has preferred this appeal against the judgment of conviction and order of sentence dated 10.04.2012 passed by the learned Additional Sessions Judge (Fast Track), No.2, Bikaner in Sessions Case No.96/2010, whereby the appellant -accused was convicted for the offences under Sections 397, 394, 307, 450 and 323 IPC and was sentenced as under: - <FRM>JUDGEMENT_92_LAWS(RAJ)1_2015.htm</FRM> All sentence were ordered to run concurrently.

(2.) THE brief facts giving rise to this case are that on 03.09.2010, Shri Asth Ali Khan, ASI, P.S. Kotwali, Bikaner recorded parcha bayan (Ex.P/1) of Smt. Vimla Devi (PW -1) admitted at PBM Hospital, Bikaner wherein it was alleged that the appellant -accused was standing in the street with his vegetable cart in -front of her house on which she objected due to which he annoyed. Thereafter, on 03.09.2010, at about 11.45 a.m., she was worshipping, the appelant -accused entered into the house and inflicted a sariya blow on her head due to which she fell down. Thereafter, he opened almirah and tried to take the ornaments and money which she objected then he again inflicted sariya blow and thereafter he took the articles. Thereafter, on raising hue and cry, her neighbours came there. The appellant -accused thereafter ran away and she became unconscious.

(3.) ON the basis of the above report (Ex.P/1), a Case as C.R. No.102/2010 for the offences under Sections 307, 382 and 452 IPC was registered and investigation commenced. After completion of investigation, the police filed chargesheet against the appellant -accused for the offences under Sections 307, 394, 450, 397 and 323 IPC in the court of the learned Additional Chief Judicial Magistrate, No.1, Bikaner and since the case was triable by the court of Sessions, therefore, the matter was committed to the court of learned Sessions Judge, Bikaner wherefrom the case was transferred to the court of learned Additional Sessions Judge (Fast Track) No.2, Bikaner (hereinafter referred to as 'the learned trial court') for trial. The learned trial court, thereafter, framed charges against the appellant -accused for the offences under Sections 450, 307, 394, 397 and 323 IPC to which he denied and claimed trial. To substantiate the charges, the appellantaccused produced as many as 13 witnesses and proved Ex.P/1 to Ex.P/23. Thereafter, the appellant -accused was examined under Section 313 Cr.P.C. wherein he stated that he has been falsely implicated. He did not lead any evidence in defence.