MANOJ ALIAS CHUHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MANOJ @ Chuha, the appellant herein was indicted by the learned Additional Sessions Judge (Fast Track), Ajmer in Sessions Case No. 56/2001 (48/2000) for having committed murder of Hemraj. The learned Judge vide judgment dated July 30, 2001, convicted and sentenced the accused-appellant as under:- u/s. 302 IPc To suffer imprisonment for life and a fine of Rs. 1,000/-, in default to further suffer three months simple imprisonment. u/s. 452 IPc To suffer Rigorous Imprisonment for one year and a fine of Rs. 500/-, in default to further suffer 1 1/2 months simple Imprisonment. Both the substantive sentences were directed to run concurrently.

(2.) IT is the prosecution case that Bhagwan Singh, ASI, PW. 9 recorded `parcha-Beyan' Ex. P12 of Hemraj (now deceased), on May 23, 2000 at 1. 15 a. m. while he was admitted in J. L. N. Hospital, Ajmer. In the `parcha-Beyan' Hemraj stated that on May 22, 2000 at 11. 30 p. m. while he was sleeping in his house he heard noises coming from the house of Kalu Harijan. Hemraj then rushed to Kalu Harijan's house where he came to know that the appellant had entered the house of Kalu Harijan with bad intention. After the appellant was taken to his house, Hemraj came back and went to sleep. Around 12. 15 in the night the appellant armed with scissor trespassed the house of Hemraj and inflicted blows with scissors on his abdomen and elbow of left hand. On the basis of said `parch-Beyan', police station Ramganj, Ajmer registered a case under Sections 307 and 452 IPC against the appellant and investigation commenced. Injuries sustained by Hemraj were examined and as per Injury Report Ex. P. 32, Hemraj sustained following injuries:- 1. Stab wound 2 cm x 1 cm. x ? cm. deep on the front of lower side of abdomen on Hypogastrium region. 2. Stab wound 1 1/2 cm x 1/2 cm. x ? cm. deep on the right Hypochondrium region of abdomen. 3. Lacerated wound skin deep 3 cm x 1 cm. on the back of left elbow.

(3.) FOR these reasons, we do not find any merit in this appeal and the same stands accordingly dismissed. The finding of conviction and sentence under Sections 302 and 452 IPC of the learned trial Judge is maintained. .