MEHARBAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement dated 23.11.2016 passed by the Additional Sessions Judge, Bhawani Mandi, District Jhalawar in Sessions Case No. 06/2010 by which accused-appellant Meharban has been convicted as under:

(2.) Brief and relevant facts giving rise to the present appeal are that on 10.11.2009 the complainant Atmaram (PW6) lodged a written report with Police Station, Dag, District Jhalawar against the accused appellant regarding an incident which took place on the same day. It was stated in the report that today in the evening at about 6.00 pm, he along with his 'bhabhi' Bhagwati Bai and Ganesh S/o Satya Narain Barber was going by Farida Bus from Dug. When they reached Luhariya Village Bus Stand, all passengers came out from the bus and Ganesh was sitting in the corner of his seat. In that bus, Meharban S/o Ram Lal, B/c Suthar, R/o Luhariya was also sitting. When Meharban tried to snatch mobile phone from the pocket of Ganesh, Ganesh caught hold of his hand. Thereupon, Meharban took out a knife from his pocket and inflicted a blow thereof on right side stomach of Ganesh. Ganesh cried and he tried to catch hold of Meharban, but Meharban showed him knife and said that if anybody tried to catch him, he would cause knife injuries to him too. Ganesh fell on the seat in the bus and blood was oozing from his stomach. Meharban fled therefrom. Kaushal Bai and Bhagwan Singh Rajput Nandpur took Ganesh up. Other passengers also saw the incident and came out of the bus. Then they took Ganesh to hospital at Dag in the same bus, but Doctor declared him brought dead.

(3.) On the basis of the above mentioned report, the police registered a criminal case bearing FIR No. 187/2009 for offence under Section 302 IPC and investigation commenced. The police conducted investigation and submitted charge sheet against the accused appellant for offence under Sections 302, 379/511 IPC and Section 4/25 of Arms Act in the court of concerned Magistrate, who took cognizance of offence against the accused appellant. The offences being exclusively triable by the court of Sessions, the learned Magistrate committed the case to the court of learned Additional Sessions Judge, Bhawani Mandi, District Jhalawar for trial. The learned trial court after hearing the arguments on charge, framed the charges against the accused appellant for offence under Sections 302, 379/511 IPC and Section 4/25 of Arms Act. The accused appellant denied the charges and claimed to be tried. During trial the prosecution examined as many as 19 witnesses and also got exhibited 26 documents in support of its case. After completion of prosecution evidence, the learned trial court recorded statement of the accused appellant under Section 313 Cr.P.C., 1973 wherein he denied the allegation and stated that he has been falsely implicated in this case. The learned trial court heard the final arguments and vide impugned Judgment dated 23.11.2016 has convicted the accused appellant for offence under Sections 302, 379/511 IPC and Section 4/25 of Arms Act and sentenced him as mentioned above. Hence this appeal.