STATE Vs. STATE

JUDGEMENT

(1.) The appeal has arisen out of judgment dated 6.2.1992 passed by Sessions Judge Jaipur District, Jaipur in sessions case No.129/1987, whereby appellant was convicted for offences under Sec. 307 and 326 Penal Code and sentenced to four years' rigorous imprisonment on each count and a fine of Rs.500.00 on each count; in default of payment of fine, he was further ordered to undergo one month simple imprisonment on each count.

(2.) Brief facts are that on 5th Sept., 1987 Gajanand (PW-7) submitted a written report (Ex.P-6) before SHO Police Station, Chomu alleging inter alia that accused appellant is the uncle of the complainant. Complainant and accused-appellant along with their family members are residing jointly in one house. On 3rd Sept., .1987 in the noon, appellant with bad intention caught hold of hand of complainant's Bhabhi Smt. Santosh. Santosh somehow got out of the clutches of the appellant and ran away. On 4th Sept., 1987 Banwari Lal, husband of Santosh and the complainant had a hot talk with Kailash on this issue. In the intervening night of ⅘th Sept., 1987, Banwari Lal and his wife Santosh were sleeping on the terrace of the house, then at about 2 3/4 A.M. appellant and one other person came there and with the intention of killing, inflicted knife blows on the person of Banwari Lal. When Santosh tried to intervene she was also subjected to knife blows. On hearing the hue and cry, parents of the complainant and younger Bhabhi Hansa reached on the spot, whereupon Kailash ran down, entered into his room and bolted it from inside. Companion of Kailash jumped down from the terrace and fled away. Banwari lal and Santosh were brought down and taken to compounder Dhanpat of the village, wherefrom they were brought to Chomu hospital and later on, S.M.S Hospital, Jaipur. On receipt of this information, FIR No. 176/1987 was registered through formal FIR (Ex.P7).

(3.) During the investigation, statements of the witnesses were recorded. Injured were medically examined. Banwari lal was subjected to an operation. Appellant was arrested. On his information and at his instance, an axe was recovered. After investigation a charge sheet for offence under Sections 307 and 326 Penal Code was submitted before Munsif-cum-Judicial Magistrate, Chomu, wherefrom the case was committed to the District and Sessions Judge, Jaipur District, Jaipur.