OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal is directed against the judgment dated 11.8.2004 passed by the Additional District and Sessions Judge (Fast Track) No. 2, Baran, Headquarter Chhabra, District Baran, whereby the accused-appellant has been convicted under Sec. 307 I.P.C. and sentenced to undergo rigorous imprisonment for seven years with a fine of Rs. 5,000.00, in default of payment of fine, to further undergo rigorous imprisonment for one year.

(2.) Brief facts of the case are thatNo. 43/2003 was registered at Police Station Atru on the basis of the Parcha-Bayan of complainant Pappulal S/o Heera Lal, aged 25 years, R/o Deewali, P.S. Atru given on 1.2.2003 at about 11.45 A.M., wherein it has been stated that yesterday in the evening at about 8.00 P.M. he was going to a flour mill for buying flour and when he was returning back to his home, near Kunjed-Ka-Rasta accused Omprakash who was under the influence of liquor and was having Gandasi with him, interrupted the complainant and inflicted Gandasi blow on his left eye as also on the nose, upon which the complainant fell down. At that time, Raju S/o Jagannath Meghwal was with him, who took him to his house and in the next morning he was taken to the hospital.

(3.) On the basis of this report, a case for the offences under Sections 341 and 307 I.P.C. was registered and investigation commenced. After investigation, challan for the offences under Sections 341, 324, 326 and 307 I.P.C. was filed against the accused-appellant in the Court of Judicial Magistrate, Atru, who committed the case to the Sessions Court as the case was triable by the Sessions Court, therefrom the same was transferred to the Court of Additional Sessions Judge (Fast Track) No. 2, Baran for trial. Charges for the offences under Sections 341, 324, 326 and 307 I.P.C. were framed against the accused-appellant, who denied the same and claimed trial.