DHANRAJ ALIAS DHANNA GOTIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Dhanraj @ Dhanna Gotiya son of Bhanwar Lal has filed this criminal appeal under Section 374(2) Cr.P.C. against the judgment of conviction and order of sentence dated 17th January 2004 passed by the Additional Sessions Judge (Fast Track) No. 1, Baran in Sessions Case No. 125/2003 whereby the accused appellant has been convicted and sentenced for the offence under Section 307 IPC to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/- in default of payment of fine to further undergo one month's rigorous imprisonment and for the offence under Section 323/34 IPC to undergo simple imprisonment for six months and to pay a fine of Rs. 50/-, in default of payment of fine to further undergo seven days' simple imprisonment. Both the sentences were ordered to run concurrently.

(2.) Briefly stated, the facts for the disposal of the present appeal are that Babu Lal PW.1 submitted a written report Ex. P.1 on the basis of which a formal FIR Ex. P.2 was registered at police station Anta District Baran under Sees. 307 and 323/34 IPC. It was alleged that on the day of incident PW.1 Babu Lal along with Ram Kumar and Mohan Lal Vijayvargiva after taking break-fast from the house of Ramhet were returning to their houses situated in the Railway Colony. Anta. On the way accused Dhanna @ Dhanraj Gotiya and Ram Kishan met them. At that time they were under the influence of liquor. On seeing them, they started abusing and when it was objected the accused gave beating to him by fists and legs and when Ram Kumar tried to intervene, PW.1 Babu Lal was left and accused appellant Dhanna @ Dhanraj Gotiya took out a knife from his pocket and repeatedly gave knife blows on the abdomen of Ram Kumar Meena as a result of which he fell down and accused ran away from there. The injured was taken to Anta Hospital by his family members. The injured was referred from Anta Hospital to Kota Hospital. It was also stated that the incident took place at 5.00 p.m. On the above report, FIR No. 80/2003 was registered for the offence under Sections 307, 323/34 IPC and investigation commenced. After completion of investigation, charge-sheet was submitted against accused-appellant Dhanraj and Prithviraj. Ultimately, the matter came up for trial before the Additional Sessions Judge (Fast Track) Baran who framed charge against the accused appellant for the offence under Sec. 307, 307/34 and 323/34 IPC. Accused appellant and co-accused denied the charges and claimed trial. In support of its case, the prosecution examined as many as 13 witnesses and tendered 15 documents in evidence. After close of the prosecution evidence in the statement recorded u/Sec. 313 Cr.P.C. the accused appellant and co-accused denied the prosecution case and claimed that they were innocent. In defence Ram Lal DW.1, Baksuram DW.2, Ram Prasad DW.3 were produced. The learned trial Court after hearing final submissions convicted and sentenced the accused appellant as indicated here-in- above and co-accused Prithviraj was convicted for the offence u/Sec. 323/34 IPC and was acquitted of the charge u/Sec. 307, 307/34 IPC giving benefit of doubt to him and instead of sentencing gave him benefit of the provisions of Probation of Offenders Act vide judgment and order dated 17.1.2004. No appeal has been preferred by the co-accused and the appellant has challenged his conviction and sentence recorded against him by the trial Court.

(3.) I have heard learned counsel for the accused appellant as well as learned public prosecutor for the State and carefully perused the material available on record.