SHIVRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal jail appeal has been preferred by the accused-appellant Shivraj Singh through the Superintendent Central Jail, Udaipur by post against the judgment dated 27.01.2010, passed by learned Additional Sessions Judge (Fast Track), Rajsamand in Sessions Case No.12/2009 by which the accused-appellant has been convicted for offences under Sections 323, 324302 IPC and sentenced as under:

(2.) The appeal was registered and the same was admitted for hearing on 103.2010. The Amicus Curiae was appointed to argue on behalf of the appellant.

(3.) In nutshell the prosecution story is that on 17.02.2009 Chandra Prakash (PW-1) lodged a complaint in the Police Station Rajnagar stating therein that accused Shivraj Singh who is about 30 years of age and is the resident of village Megatia is a notorious person who threatens the villagers and creates fear in their mind. In the afternoon of 17.02.2009, the accused Shivraj Singh was roaming with a naked sword in his hand and at around 4.30 PM while he was studying in his house accused was quarreling with Smt. Mani Bai W/o Kalu Singh. On hearing the noise he ran out and saw that Shivraj Singh was running behind Devraj Singh. At that point of time, Mani Bai tried to counsel and pacify the accused but accused gave a sword blow on Mani Bai, causing injuries on the left side of her head, eye and cheek. The injuries being grievous, she fell on the ground and then her husband Kalu Singh ran towards her but he was also given a sword blow on his right shoulder. Devraj Singh tried to caught hold of the hands of Shivraj Singh but he was also given a sword blow. In the scuffle the sword got detached from its hilt (mooth/handle). Shivraj Singh only had the hilt of the sword in his hand and ran away from the place of incident. The entire incident was watched by him, Devraj Singh and Smt. Ram Kunwar W/o Dinesh Singh. He made a telephone call in the Police Station Rajnagar and informed about the incident. Thereafter the injured persons were taken to the R.K. Hospital. On the aforesaid complaint, an FIR was registered at 7.30 PM on the same day and the matter was investigated by the police.