JITENDER @ JITIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Sessions Judge, Jodhpur dated 29.7.1989, whereby he convicted accused appellant Jitendra alias Jitiya under various offences as under:

(2.) The facts leading to this appeal are that on 19.5.1988 at 2.45 PM, Smt.Sugra wife of Chand Mohd. made a written report Ex.P.1 at Police Station, Shastri Nagar, Jodhpur that she purchased a plot, located at Isaiyon Ka Kabristan from one Babulal Khatri one month's back, where she is residing with her family members. At 2.15 PM, accused appellant Jitendra alias Jitiya, who is her neighbourer, came and demolished the stone slabs of the plot. Upon this, her son Mehboob Khan obstructed him. Thereupon, accused appellant inflicted knife blow on the back side of Mehboob Khan. When her sister in law tried to intervene, accused also inflicted knife blow on her hand. Upon cry, the accused appellant ran away. On this report, the police registered a case for the offences u/ss.307, 324 and 427 Penal Code and commenced investigation. After investigation, the accused appellant was challaned and on committal of the case, the learned Sessions Judge framed charges against him u/ss.307, 324 and 427 IPC, to which he pleaded not guilty. The prosecution examined 12 witnesses and statement of accused u/s.313 Cr.PC was recorded, in which he stated that it is a false case against him. On the contrary, he also stated that the injuries were inflicted on his person, as the complainant party wanted to disturb his possession. Learned trial Judge after hearing the arguments, convicted the appellant as above.

(3.) Learned counsel for the appellant submits that today, accused appellant is brought in custody by the police in pursuance of this Court's order dated 1.5.2008 and nobody is available to give bail bonds on his behalf, therefore, the appeal itself should be heard and finally decided.