VISARAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal jail appeal has been filed by the appellant through the Superintendent, Central Jail, Udaipur against the judgment dtd. 27/7/2012 passed by learned Additional and Sessions Judge, Pratapgarh (hereinafter referred to as 'the trial court') whereby, the learned trial court convicted the accused appellant for offence under Ss. 307 and 324 IPC and sentenced as under: Both the sentences were ordered to be run concurrently.

(2.) Briefly stated the facts of the case are that on 10/8/2010 complainant-injured Madanlal (PW-2) had given his statement to the Police during treatment at Government Hospital, Pratapgarh to the effect that on 10/8/2010 when he was at his home, he heard some noise of quarrel near the school. The complainant-injured went there and saw that the accused-appellant along with other accused persons was beating his uncle Lavji. When he tried to save his uncle, the accused-appellant inflicted stab wound with a knife on his abdomen, consequent to which the complainant-injured sustained severe injuries.

(3.) On the basis of the above statement, Police registered the case being FIR No. 94/2010 for offence unde Ss. 307, 323, 34 IPC against the appellant and other accused-persons and started the investigation. Thereafter the accused-persons were arrested. After thorough investigation, the Police filed challan against the accused appellant and other accused persons for offence under Sec. 307, 326, 324 and 34 IPC before Addl. Chief Judicial Magistrate, Pratapgarh.