TITI @ ROHITASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant has been convicted and sentenced under Section 326 I.P.C. by the learned Additional Sessions Judge (Fast Track) No. 1, Alwar in Sessions Case No. 70/2004 (79/2004) for a period of 7 years rigorous imprisonment and a fine of Rs. 5,000/-, in default of payment of fine to further undergo one year rigorous imprisonment.

(2.) The facts for the disposal of the present appeal are that on a parcha bayan Ex.P-6 of PW-7 Dinesh Kumar, complainant-injured, the Police Station Kotwali registered F.I.R. No. 165/2004 for offences under Sections 143, 324 and 307 I.P.C. In the parcha bayan it was alleged that on 17.4.2004 at about 6.00 p.m. while Dinesh Kumar- injured was getting the petrol filled in his motorcycle tank, at that time 5-6 persons came from behind, the accused-appellant Titi was having a borer in his hand which was inserted in his abdomen and also caused injury by borer on his right hand. Other persons were having knife with them. Accused appellant Titi was caught at the spot immediately by police traffic constable. After investigation charge-sheet was filed under Sections 307, 323, 324, 325 and 326 I.P.C. before the concerned Magistrate. Ultimately, the matter came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1, Alwar. The prosecution in all examined 10 witnesses and tendered several documents in evidence. In the statement recorded under Section 313 Cr.P.C., the accused denied the allegation of the prosecution and has stated that he also lodged a case against the complainant, therefore, on account of enmity a false complaint has been made against him. No evidence in defence was produced.

(3.) It is contended by the learned counsel that in the instant case parties have arrived at a compromise in the matter but since Section 307 I.P.C. was not compoundable, therefore, the matter could not be compromised. It is contended that even the evidence available on record is not sufficient to convict the accused under Section 326 I.P.C. It is contended that the accused has not been found guilty under Section 307 I.P.C., therefore, even if the case is found proved under Section 326 I.P.C., sentence awarded is at excessive side i.e. 7 years which needs to be reduced suitably. It is also contended that the accused is in jail for about four years, therefore, ends of justice would meet in case the sentence is reduced to the period already undergone by him in jail.