ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The accused-appellant has preferred this Criminal Appeal under Section 374, Cr.P.C. against the judgment of conviction and order of sentence dated 2.5.1992 passed by the Additional Sessions Judge No.1, Kota in Sessions Case No.60/1987 whereby the learned trial Court has convicted the appellant for offence under Section 307, IPC and sentenced him for rigorous imprisonment for four years and a fine of Rs.500/- and in default thereof to further undergo rigorous imprisonment for two months and also for offence under Section 4/25 of the Arms Act and sentenced him for rigorous imprisonment for six months and a fine of Rs.100/- and in default thereof to further suffer rigorous imprisonment for one month. It was further ordered that both the substantive sentences would run concurrently. It is to be noted that one Shri Brij Mohan was also tried for offence under Section 307/34, IPC along with the appellant but he has been acquitted by the trial Court.

(3.) Brief relevant facts for the disposal of this appeal are that on 12.11.1985 at 9.55 p.m., injured-Shri Kanhaiya Lal along with one Shri Kalu Lal appeared at Police Station Dadabari (Kota) and lodged an oral report to the effect that acquitted accused-Shri Brijmohan abused him whereas appellant inflicted injury to him at left side of his abdomen from behind by a knife and as a result thereof blood oozed out from the wound caused by the injury. On the basis of oral report lodged by the injured an entry was made at Rappat No.544 in the "Rojnamcha-Aam" maintained by the police station but at that time no formal FIR was registered. The injured was referred to MBS Hospital, Kota for medical examination where he was examined by the Medical Jurist on 13.11.1985 at 11.53 in the morning and his injury report was prepared. As per prosecution case later on the injured was operated upon also on 15.11.1985 while undergoing treatment in the hospital and in this regard operation-note dated 15.11.1985 was also prepared and his injury was opined to be dangerous to life. It is to be noted that after obtaining injury report of the injured, FIR No.19/1986 was registered on 19.2.1986 for the offence under Section 324, IPC and after usual investigation charge-sheet for the offences under Sections 307, 326, 307/34, 326/34, IPC and for offence under Section 4/25 of the Arms Act was filed against the appellant and acquitted accused-Shri Brijmohan. Charge for offence under Section 307, IPC and for offence under Section 4/25 of the Arms Act was framed against the appellant and to prove the same prosecution produced oral as well as documentary evidence whereas appellant in his examination under Section 313, Cr.P.C. denied the prosecution evidence but in defence produced no evidence. The learned trial Court after considering the submissions made by both the parties and appreciating and evaluating the evidence made available on record found the appellant guilty for the offence under Section 307, IPC and Section 4/25 of the Arms Act and accordingly he was convicted and sentenced as already stated. Feeling aggrieved, the appellant is before this Court by way of this appeal.