KHATTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) appeal is directed against the judgment dated 1&t Feb., 1980, passed by the Sessions Judge, Ajmer, convicting the accused appellant under section 307, IPC and sentencing him to 3 yearsT rigorous imprisonment and a fine of Rs 500/-, and in default of payment of fine, to further undergo I months rigorous imprisonment. The appellant has also been convicted under section 324, I.P.C. and sentenced to 3 monthsT rigorous imprisonment and fine of Rs. 25/-, and in default of payment of fine, to further undergo 15 days rigorous imprisonment; and under section 323, I.P.C., to 1 months simple imprisonment. All the substantive sentences were, however, ordered to run concurrently.

(2.) According to the prosecution story, Parmanand used to carry business of selling utensils. Some 3-4 days prior to 30th Sept. 1978, accused Khattan had come to Parmanand to purchase some utensils, on credit. Parmanand refused to sell it on credit, which irritated Khattan, who became angry. Thereafter, on the night of 30th Sept., 1978 at about 9-9.15 Oclock Parmanand and Heera were going together through Mala Bazar towards the house of Parmanand. In the way, near the shop of a goldsmith, accused Khattan met them. Seeing them, Khattan started abusing, to which, Parmanand and Heera asked him not to utter abuses. At this, Khattan took out a knife, and all of a sudden, inflicted one knife-blow on the left abdomen of Parmanand. He then gave a second blow by knife on the eyes of Parmanand. When Heera tried to rescue him, Khattan inflicted one knife- blow on his left leg and then one another blow on his lips. After that, Khattan ran away from the place of occurrence. The injury in the abdomen of Parmanand was a serious one, wherefrom blood was coming out, and so, his bush shirt was tied around the wound. Parman and fell down no sooner than he had reached his house. Hudaldas, brother of Parmanand was called from the upstairs, who was then told the entire incident. Hudaldas then took Parmanand to hospital, where the latter became unconscious. The injuries of Parmanand were examined On 30th Sept., 1978, in the night at about 11.15 Oclock, by Dr. A. N. Mathur. The doctor then informed about the case to P.S. Gunj, on telephone. S.I., Anand Singh came to J.L.N. Hospital on the information of the doctor, after entering a report in the Roznamcha. On the same night, at about 1-30 Oclock, Hudaldas lodged an F.I.R. at the police station. The injuries of Heera were also examined by the doctor on 1st Oct., 1978. Khattan was arrested on 1st Oct., 1978. After completing usual investigation, the police submitted a challan against the accused, who was then committed to the Court of Session, by the Magistrate.

(3.) The learned Sessions Judge framed charges against the accused, Khattan, under sections 307,324 and 223, I.P.C. The accused pleaded not guilty and claimed trial. After concluding the trial, the learned Sessions Judge found the accused guilty of the charges and he sentenced him as mentioned above.