SHAMBHU SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.9.1980 passed by the learned Session Judge, Jalore convicting the accused-appellant of offence under section 307 Penal Code and sentencing him to 3 years R.I. and to pay a fine of Rs. 300.00, in default of payment, to further undergo 3 months R.I. The appellant has also been convicted of offence under sections 326, 324 IPC.

(2.) The prosecution case is that one Manroop Chand PW 10 lodged a FIR at Police Station, Bhinmal on 5.5.1980 at about 7.45 p.m. alleging that about 5.30 p.m. he came to know that the accused-Shambhu Singh has inflicted knife injuries on the person of his brother Paras Mal near 'Maha Laxmi Temple'. He reached on the spot where Suresh Vyas PW 12 told him that Shambhu Singh had inflicted injuries and snatched away a Watch, Golden chain and currency notes of Rs. 800.00 from Parasmal. On this information, Police registered a case of offence under sections 394, 307 & 323 IPC. After usual investigation, the Police laid the challan against the appellant for the aforesaid offence. The accused pleaded not guilty and claimed trial. The trial Court relying on the testimony of the injured PW 5 Parasmal and two other eye-witnesses PW 11 Om Prakash and PW 12 Suresh Vyas, corroborated by the medical evidence of PW 1 Dr. Tej Singh, convicted and sentenced the appellant as stated above.

(3.) Assailing .the conviction of the appellant, it is contended by Mr. Vijay Bishnoi, learned counsel appearing for the appellant, that it is a categorical statement of doctor that the injury on the person of the injured Parasmal attributed to the appellant was not sufficient in ordinary course of nature to cause death. He thus submits that the conviction of the appellant under section 307 Penal Code per se is illegal.