HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated December 3, 2002 of the learned Additional Sessions Judge Kishangarh District Ajmer whereby the appellant was convicted and sentenced as under:- u/s. 307 IPC: = To suffer life imprisonment and fine of Rs. 5000/-, in default to further suffer rigorous imprisonment for two years. u/s. 326 IPC: = To suffer rigorous imprisonment for ten years and fine of Rs. 3000/-, in default to further suffer rigorous imprisonment for one year. u/s. 394 IPC: = To suffer rigorous imprisonment for seven years and fine of Rs. 2000/-, in default to further suffer rigorous imprisonment for six months. u/s. 324 IPC: = To suffer rigorous imprisonment for two years and fine of Rs. 1000/ -. In default to further suffer rigorous imprisonment for three months. u/s. 447 IPC: = To suffer rigorous imprisonment for two months and fine of Rs. 300/-, in default to further suffer rigorous imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) THE prosecution story runs as under:- On September 4, 2000 at 8. 15 PM at Yagya Narain Hospital Kishangarh, SHO Police Station Kishangarh recorded Parcha Bayan (Ex. D. 1) of injured Poosi (PW. 1) wherein she stated that on the said day around 2 PM while she was grazing her cows and buffaloes the appellant came armed with axe and asked her as to why she caused damage to the field and inflicted injuries with axe on legs and neck and removed her silver anklets. On that parcha bayan case under sections 307, 326, 323 and 379 IPC was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Kishangarh District Ajmer. Charges under Sections 307, 326, 324, 447 and 394 IPC were framed. THE appellant denied the charges and claimed trial. THE prosecution in support of its case examined as many as 19 witnesses. In the explanation under Section 313 Cr. P. C. , the appellant claimed innocence. No witnesses in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) FOR these reasons, we partly allow the appeal and while maintaining the conviction of appellant under Section 307 IPC we sentence him to suffer rigorous imprisonment for ten years and fine of Rs. 55,000/- (Rs. Fifty Five Thousand), in default to further suffer four years rigorous imprisonment. Out of the amount of the so deposited, a sum of Rs. 50,000/- (Rs. Fifty Thousand) shall be paid as compensation to the victim Poosi Conviction and sentences awarded to the appellant under Sections 326, 324, 394 and 447 IPC are maintained. The sentences shall run concurrently.