MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 4th May 1987, rendered by the Sessions Judge, Jhalawar whereby the accused appellant Mangi Lal was convicted in the offence under Section 334 of IPC and released on probation of good conduct.

(2.) THE factual matrix of the prosecution case is that in the evening of 22nd April, 1983, the complainant PW/1 Harlal, the appellant Mangi Lal and Kedar Lal ASI left for Gadhi (Madhya Pradesh) in connection with the investigation of case No. 21/83 under Section 379 of IPC. They had to take along with them the complainant Bapu Lal also of that case. So, they first reached at village Semly Chauhan to collect him. It is alleged that at the instance of Bapu Lal they haulted at Semly Chauhan to have the dinner. It is alleged that during conversation Har Lal and the appellant Mangi Lal entered into jokes. After some time the appellant Mangi Lal got angry and started threatening to kill him with knife. It is stated that when they were going to bed, the complainant Har Lal apologized for the jokes he had cut on him but the accused Mangi Lal got enraged and with an intention to kill stabbed with knife at his chest. Had Shri Kedar Lal ASI and other persons present not intervened, he would have killed him. On Parcha Bayan Ex.P/1 of PW/1 Har Lal, police lodged FIR ex.p/1 -a and commenced investigation.

(3.) THE accused Mangi Lal was indicted for the offence under Section 307 of IPC who pleaded not guilty and claimed trial.