TEJVEER SINGH 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 31.05.2011 passed by the learned Additional Sessions Judge, No.1, Chittorgarh in Sessions Case No.36/2011 (29/2009) whereby he has been convicted for the offences under Sections 307 and 452 IPC and was sentenced as under: - U/s.307 IPC:10 years' rigorous imprisonment with a fine of Rs.2,000/ -, in default of payment whereof, to further undergo one month's simple imprisonment. U/s.452 IPC: Three years' rigorous imprisonment with fine of Rs.1,000/ -, in default of payment whereof to further undergo 15 days' simple imprisonment.

(2.) THE brief facts of the case are that on 20.09.2009, the complainant, who was admitted in the RAPP Hospital, gave a parcha bayan to the effect that on that day, at about 3.15 p.m., he along with Mahaveer Singh and Ramchandra was at his home, the appellant -accused came there and asked for money for liquor and when he refused for the same, he inflicted knife blow on his chest and fled away.

(3.) ON the basis of the above report, a case was registered and investigation commenced. After completion of investigation, the police filed chargesheet for the offences under Sections 307 and 452 IPC against the appellant -accused. To substantiate the charges, the prosecution examined as many as 13 witnesses and exhibited documents from Ex.P/1 to Ex.P/21. The appellant -accused was, thereafter, examined under Section 313 Cr.P.C., wherein he alleged that the complainant called him and demanded the money and on his refusal, the complainant and other assaulted on him on which he ran away and the complainant party followed him and in this process the complainant suffered injuries due to collision with railing. He lodged a complaint and in retaliation to this, to save himself, the complainant has lodged this case and falsely implicated him.