ASLAM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed on behalf of appellant against the judgment dated 23.1.2016 passed by learned Additional Sessions Judge, Sujangarh, District Churu, in Sessions Case No. 15/2008 whereby he convicted the appellant for the offence under Section 307 I.P.C. and sentenced him for 10 years rigorous imprisonment and fine of Rs. 10,000/- and in default of payment of fine, further to undergo one month's simple imprisonment.

(2.) Brief facts of the case are that on 19.5.2008 at 4:15 P.M. the complainant Sita Ram was admitted in Shekhawati Hospital, Jaipur and he in his statement recorded by the police, has stated that on 18.5.2008 at 3:30 PM he was going towards Vijay Singh Khethan's home and at about 3:45 P.M. when he reached in the back street of Rampuriya Cottage, then accused Manish Harizan, Aslman Khayamkhani Holidhora and 5-7 other persons came there and surrounded him and caused injuries to him and took him with his car to Naya Bazar Chowk where Manish attacked on him with knife wherein the complainant received knife injury on shoulder of right hand. The accused Aslman and other co-accused beat him with lathi, pipe road, knife etc. and thereafter Panna Lal Prajapat, Manoj and some other persons reached at the spot and they got the injured admitted in the hospital at Sujangarh from where he was referred to Jaipur.

(3.) On the basis of Exhibit P/33 an FIR No. 75/2008 for the offences under Sections 365, 323, 324, 325, 326, 307 and 143 I.P.C. was registered. After the investigation charge sheet for the offences under Sections 365, 367, 307, 323, 324, 325, 326 and 143 I.P.C. was filed before the Judicial Magistrate No. 1, Sujangarh. The accused appellant was tried by the learned Additional Sessions Judge, Sujangarh, District Churu for the offences punishable under Sections 148, 365, 367, 323/149, 325/149, 326/149 and 307/149 I.P.C. The prosecution produced 21 witnesses in the witness box in support of its case. The appellant was examined under Section 313 Cr. P.C., 1973 and the appellant denied all the allegations made against him.