BHANWARIA Vs. STATE OF RAJ.

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.4.1981 passed by the Sessions Judge, Tonk, whereby the accused appellant has been found guilty under Sec. 307/34, IPC, and was sentenced to five years' R.I. with a fine of Rs. 200.00 (in default, to further undergo 2 months' S.I.). The main accused, Hakim has been sentenced to 6 years' R.I. under Sec. 307, IPC.

(2.) Brief facts given rise to this appeal are that on 11.5.1980 at about 8.45 p. m. Munshi s/o Suleman, r/o village Sandla lodged a verbal report at police station Todaraisingh, (district Tonk) alleging therein that he had been at Todarai Singh on the day of incident for some domestic work, that, at about 8 p.m. he met Bhanwaria appellant who offered him (Munshi) a cup of tea at the hotel of Jagdish and they took tea there and smoked; that, Bhanwaria offered to see cinema and they reached cinema house, where Hakim and Jamal Khan met them and Hakim made allegation against Munshi of having abducted his (Hakim's) wife but Munshi denied the charge; that, at this stage, Jamal abused Munshi and warned to kill him and that after this conversation, Munshi left from there for his house. Hakim, Jamal, Shafi and Bhanwaria (appellant) are alleged to have followed Munshi upto Katla, then he reached by the side of temple of Kalyanji, Bhanwaria is alleged to have caught hold of him at the neck from backside and Hakim inflicted several knife blows on Munshi saying that he should not allow him to go alive. At the very moment, Shafi and Jamal are also alleged to have reached the site and encouraged Hakim to finish Munshi. On hearing the cries, Hakim s/o Faiz Mohd. of village Sandla came there and caught hold of Hakim and in the meanwhile Hakim Bhati also arrived there. On seeing them, Shafi, Jamal and Bhanwaria fled away. It was further alleged that Abdul Rashid also came there, and on their intervention, Munshi was saved, else he would have been killed.

(3.) On the basis of the aforesaid report, the police registered a case under Sec. 307/34, Penal Code and investigation commenced. After completion of investigation, a challan was filed against the appellant under Sec. 307/34 Penal Code and u/s 307, IPC, against Hakim (main accused) and the case was committed to the Court of Sessions.