PRAKASH @ GAJENDRA SALVI S/O MODI RAM, BY CASTE SALVI, RESIDENT OF PANUND, P.S. BHINDER, DISTRICT UDAIPUR (AT PRESENT RESIDENT OF 7, SAVRAJ NAGAR, UDAIPUR) Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Sec. 374 (2) of Crimial P.C., the appellant is challenging the judgment dated 13.12.2005 passed by learned Addl. Sessions Judge (FT) No.1, Udaipur, (for brevity, hereinafter referred to as trial court ) in Session Case No.17/2005, whereby the accused appellant was convicted for the offence under Sections 302 and 458 of Penal Code and the following punishment was imposed against him, which reads as infra: <FRM>JUDGEMENT_48_LAWS(RAJ)11_2016.html</FRM>

(2.) As per facts of the case, on 22.10.2004, complainant, Narayan Lal, gave written-report (Ex.P/13) in M.G. Hospital, Udaipur, in which following allegations were levelled against him:-

(3.) As per aforesaid report, information was received on the landline phone of complainant's brother, Nathulal, which was attended by Prabhulal (nephew of complainant). The said call was made by Kishan Singh @ Pintu, neighbour of the complainant from Udaipur and informed that accused appellant Prakash Salvi has inflicted injuries upon various parts of the body of his son, Mahendra, by a knife. After receiving the aforesaid information he immediately rushed to the Govt. Hospital, where the treatment of his son was going on. In the Hospital, Kishan Singh (PW.8) apprised the complainant that in the night at about 01.30 AM, he and Mahendra were returning to the house after seeing Garba , at that time, while dropping Mahendra, Kishan Singh left the house and thereafter Mahendra opened the main gate of the house. All of sudden Prakash Salvi, assaulted him, who was sitting in inside the house with a knife. Upon hearing the hue and cry of Mahendra, Kishan Singh came back and saw that injuries were caused by accused appellant upon different parts of body of Mahendra, and ran away. At that time, Naresh Dhobi, Aadesh, Mukesh Khataik and Tej Singh also came there and they took injured Mahendra to hospital for treatment.