KAILASH JOGI S/O SHRI LAXMAN NATH, BY CASTE JOGI, AGED 26 YEARS, RESIDENT OF DIGGI, DISTRICT TONK, RAJASTHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has chosen not to appear despite enjoying the privilege of bail. The appeal is of the year 1994 for an occurrence which took place in the year 1992. I do not consider it prudent to adjourn the matter further and take it up for consideration with the assistance of the State counsel in view of Surya Baksh Singh Vs. State of Uttar Pradesh, (2014) 14 SCC 222 and the guidelines laid down therein with regard to the manner in which such appeals can be taken up for consideration by the court without even appointing amicus curiae even exercising powers under section 482 Cr.P.C.

(2.) This criminal appeal has arisen out of judgment dated 7.2.1994 passed by learned Additional Sessions Judge,Malpura (Tonk), in Sessions Case No. 37/93 (71/93), whereby appellant has been convicted and sentenced as follows : <FRM>JUDGEMENT_27_LAWS(RAJ)10_2016.html</FRM> All the sentences were ordered to run concurrently.

(3.) Brief facts giving rise to the appeal are that Om Prakash Soni (PW-1) submitted on 11.9.1992 a written report (Ex.P-1) before SHO, Police Station Diggi, alleging inter alia that on 8.9.1992 at about 10-11 PM, complainant, after closing his shop in Malpura, was coming to his house at Diggi by motorcycle. Ashok Kumar was riding as pillion. As soon as he reached near Bandanwara Dharmshala, appellant Kailash Nath Jogi stopped him. He was holding an axe. Immediately thereafter Kishan, Rameshwar and Manmohan along with three more persons holding sticks and Farshia appeared there and assaulted on complainant by sticks, axe and other weapons. Kailash gave an assault by axe with intention to murder him on his head and also snatched away a golden chain wearing on his neck. Ashok Kumar tried to intervene whereupon he was also given beating. Thereafter, assailant left them assuming to be dead. Babu Lal, Satyanarain and Ashok Kumar saw the whole incident. They took him at his home. The assailants had given threat to the complainant and his father that they would kill them if they approach police. Thereafter, the complainant could not come to report. Medical report of the complainant is enclosed. On the basis of this complaint, police registered a formal FIR No.106/1992. Place of occurrence was inspected. Statements of witnesses were recorded. Appellant and three others - Rameshwar, Kishan and Radheyshyam were arrested. At the instance of appellant Kailash, an axe alleged to be used in committing crime was recovered. Medical reports of both - Om Prakash and Ashok Kumar were collected. After due investigation, charge sheet against appellant and three other persons - Rameshwar, Radheyshyam and Kishan was filed before CJM, Tonk.