YUSUF AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant criminal appeal, the appellants have challenged the judgment dtd. 31/5/2013 passed by the learned Additional District and Sessions Judge No.1, Chittorgarh in Sessions Case NO. 42/2011 whereby, the appellants have been convicted and sentenced as under:- <IMG>JUDGEMENT_51_LAWS(RAJ)1_2019_1.JPG</IMG>

(2.) Criminal litigation was set into motion when PW-1 Mangi lal lodged a written report Ex.P/1 before the S.H.O. Police Station, Akola, Chittorgarh to the effect that in the intervening night of 2/1/2009 and 3/1/2009 at about 12:00-1:00 AM, when his nephew Ratan lal was sleeping, a boy aged 25-26 years injured with blood oozing from his throat came there. Upon asking he could not utter anything but using sign language he indicated that he was a driver and somebody had stabbed him on the neck and had also tried to strangulate him with a rope and took away his vehicle. He gave first aid and later on the police reached and admitted the injured in the hospital at Sanwar.

(3.) FIR Ex.P/39 was registered by the police for offences punishable under Ss. 394, 307, 323, 341 and 365 IPC and investigation commenced.