ALLA BUX & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment governs adjudication of criminal appeal No.373/1988 directed against the judgment dated 25th of Aug., 1988 passed by the Addl.Sessions Judge, Bikaner, whereby he has convicted the accused appellant Rahim Bux in the offence under sections 325 and 324/34 of Indian Penal Code and Alla Bux in the offence under section 324, 325/34 of Penal Code and sentenced each of them in the offence under section 325 and 325/34 of Penal Code to a rigorous imprisonment of two years and six months along with a fine of Rs. 500.00 and in the offence under section 324 and 324/34 of Penal Code to a period of two years' rigorous imprisonment , along with a fine of Rs.500.00 and in default of payment of fine, each of them to undergo in each offence, a further rigorous imprisonment of four months. All the sentences were ordered to run concurrently.

(2.) The prosecution case succinctly runs as under :

(3.) That on 12th of March 1986 at 09.00 PM, the complainant PW/2 Bakhu Khan went to the house of his partner Dina Khan to collect some money. He was talking to Fatima the wife of Dina Khan, meanwhile, the accused appellant Alla Bux and Rahim, armed with axe and clubs came there and started beating, with an intention to kill him. It has been alleged that the accused Alla Bux assaulted with an axe on his head and the accused Rahim attacked on his back with clubs, as a result of which he fell on the ground. With the successive attacks of club made by the accused Rahim, the complainant sustained injuries at the wrist , arm and finger of left hand. The complainant raised an alarm "Mare-re, mare-re". Having heard the screams of the complainant Yaru Khan Bakhta Ram and others came on the spot. Bakhu Khan was admitted in PHC, Chhatargarh for the treatment of his injuries where Mohan Lal , Head Constable , Incharge Police Station, Chhatargarh recorded his statements Ex. P/2, whereupon the FIR Ex. P/7 was registered. After completion of the usual investigation, police submitted the charge sheet in the offence under section 307, 324 and 325 /34 and 447 of Penal Code against the accused appellant Alla Bux and Rahim in the court of Judicial Magistrate No.2, Bikaner who committed the same for trial to the court of Sessions, Bikaner.