UMAR BEG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Umar Beg, along with one Bahadur, was tried by the learned Additional Sessions Judge, Kota, under section 307 of the Indian Penal Code and Sec. 4 read with section 25 of the Arms Act. The learned Judge has acquitted Bahadur, but convicted the appellant under both the counts sentencing him to rigorous imprisonment for three years and a fine of Rs. 500.00 or in default simple imprisonment for three months under section 307 I. P. C. He has also sentenced him to simple imprisonment for three months and a fine of Rs. 100.00 or in default further simple imprisonment for 7 days under section 4 read with section 25 of the Arms Act.

(2.) The case of the prosecution is that on July 2, 1976 the appellant who was one of the audience of a Natak asked PW Munir Khan to go and bring some liquor for him. Munir Khan refused. The appellant is said to have given a beating to Munir Khan. Munir Khan immediately went to PW Akbar and complained to him about the said beating. Akbar Khan went to the appellant in the Natak and protested the beating he had given earlier to his brother. It is alleged that the appellant then attacked Akbar Khan with the help of Bahadur and inflicted two knife blows to him.

(3.) The report of the occurrence was lodged by Akbar Khan with the police on July 7, 1976 i.e. 5 days after the occurrence.