LAXMAN DAS Vs. STATE

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) Cr.P.C. has been preferred by the appellant Laxman Das S/o Shri Khemchand, against the judgment dtd. 21/8/2019 passed by the learned Additional Sessions Judge No.5, Jodhpur Metro, in Sessions Case No.239/2017, arising out of FIR No.260/2017, whereby the accused-appellant stands convicted for the offence under Sec. 302 of the IPC.

(2.) By the said judgment, the learned trial Court has sentenced the appellant to undergo imprisonment for life till the remainder of his natural life along with a fine of Rs.50,000.00, and in default of payment of fine, further to undergo simple imprisonment for six months.

(3.) The brief facts necessary for deciding the present appeal are that on 29/6/2017, the complainant, Bhishma Kumar, submitted a written complaint to the Station House Officer, Pratap Nagar Police Station, Jodhpur, stating therein that on the same day (29/6/2017) at about 5:30 a.m., his brother-in-law, Laxman Das S/o Shri Khemchand, resident of Sanjay-A Colony, Gali No. 3, Pratap Nagar, Jodhpur, assaulted his nephew, Nishant Rathod s/o Laxmandas, with a Nawala (a sharp-edged tool, which is being used by a cobbler) on the back of his neck while he was sleeping. On hearing his cries, the complainant's sister awoke and raised an alarm, whereupon the family members and neighbours gathered. It was alleged that the accused Laxman Das thereafter fled from the spot. Due to the assault, the injured Nishant sustained a bleeding injury on his neck and was immediately taken to Goyal Hospital in a serious condition, where he underwent treatment. The complainant's sister narrated the incident to him, on the basis of which the written complaint was lodged.