SUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing this criminal appeal under Section 374, Cr. P. C. the accused appellant has challenged the impugned judgment of conviction and sentence dated 4-10-1991 passed by learned Addl. District & Sessions Judge, Beawar (Rajasthan) (for short 'the learned trial Court') in Sessions case No. 59/88, by which he convicted and sentenced the accused appellant as under : U/S. 307. IPC : Five years RI and Rs. 500/- fine. In default of payment of fine, he shall further undergo six months' RI. U/S. 326, IPC: Four years RI and Rs. 500/- fine. In default of payment of fine, he shall further undergo six months' RI. U/S. 324, IPC : One year RI and Rs. 200/- fine. In default of payment of fine, he shall further undergo two months RI. Sentences were ordered to run concurrently.

(2.) Brief facts of the case as set up by the prosecution are that on 2-9-1988 one Kanchan lodged a report at P. S. Beawar City alleging therein that she resides in Debgali and on the same day at about 7.00 p. m. when her husband was present at the house she saw that accused Suman, Babu Lai, Chittar, Jagdish, Chhotu, Ashok etc., came to her house and started beating who were armed with lathies. Suman with intention to cause death of her husband inflicted one knife blow on the head of her husband. When her daughter came to intervene, accused Suman inflicted one knife blow on the left in wrist. Her husband fell down on the earth and the accused were calling to kill him.

(3.) The police on the aforesaid report registered an FIR for the offence under Sections 147, 148, 149, 307, 326, 324 and 323, IPC and started investigation in the matter.