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2016 Supreme(Raj) 163
(Rajasthan High Court)
Jaipur Bench
Ashok Kumar Vs. State of Rajasthan (Agarwal, J.)
HON'BLE PRASHANT KUMAR AGARWAL, J.
Ashok Kumar
Versus
State of Rajasthan
S.B. Criminal Appeal No.186 of 1992, decided on 17.06.2016
Praveen Balwada and Mohit Balwada, for Appellant;
Rishi Raj Singh Rathore, Public Prosecutor, for State
Headnote:Penal Code, Sec. 307 and 326 — Scope — Intention or knowledge of the accused — Inflicting single blow with sharp edged weapon on the vital part of the body — For conviction u/Sec. 307 it is not essential that bodily injury capable of causing death should have been inflicted — The act, irrespective of its result, was done with the intention or knowledge that his act of inflicting knife blow in the abdomen of the injured may cause his death — Held — Mere fact that only single blow was dealt by the appellant cannot bring the case out of purview of Sec. 307 IPC — Case falls under the ambit of Sec. 307 and not u/Sec. 326 or any other offence — Trial Court justified in convicting the appellant for offence u/Sec. 307 IPC. (Paras 13 & 14)
Appeal dismissed.
n.M lafgrk] /kkjk 307 vkSj 326 & O;kfIr & vfHk;qDr dk vk'k; ;k tkudkjh & 'kjhj ds vge vax ij /kkjnkj gfFk;kj ls ,dy okj djuk & /kkjk 307 ds rgr nks"kflf) gsrq ;g vko';d ugha gS fd e`R;q dkfjr djus ;ksX; 'kkjhfjd {kfr igqapk;h tkuh pkfg;s Fkh & ;g d`R;] blds ifj.kke dh vis{kk ds fcuk] bl vk'k; ;k tkudkjh ds lkFk fd;k x;k Fkk fd ?kk;y O;fDr ds isV esa pkdw ls okj djus dk mldk d`R; mldh e`R;q dkfjr dj ldrk Fkk & vfHkfu/kkZfjr & ek= ;g rF; fd vihykFkhZ }kjk dsoy ,d ek= okj dk laO;ogkj fd;k x;k Fkk] bl izdj.k dks /kkjk 307 Hkk-na-la- ds dk;Z {ks= ls ckgj ugha yk ldrk & izdj.k /kkjk 307 dh ifjf/k ds vUrxZr vkrk gS u fd /kkjk 326 ;k fdlh vU; vijk/k ds vUrxZr & vihykFkhZ dks /kkjk 307 Hkk-na-la- ds rgr vijk/k gsrq nks"kfl) djus esa fopkj.k U;k;ky; U;k;ksfpr FkkA
vihy [kkfjt dhA ¼in la[;k 13 o 14½
2. The accused-appellant has preferred this Criminal Appeal under Section 374 Cr.P.C. against the judgment of conviction and order of sentence dated 2.5.1992 passed by the Additional Sessions Judge No.1, Kota in Sessions Case No.60/1987 whereby the learned trial Court has convicted the appellant for offence under Section 307 IPC and sentenced him for rigorous imprisonment for four years and a fine of Rs.500/- and in default thereof to further undergo rigorous imprisonment for two months and also for offence under Section 4/25 of the Arms Act and sentenced him for rigorous imprisonment for six months and a fine of Rs.100/- and in default thereof to further suffer rigorous imprisonment for one month. It was further ordered that both the substantive sentences would run concurrently. It is to be noted that one Shri Brij Mohan was also tried for offence under Section 307/34 IPC alongwith the appellant but he has been acquitted by the trial Court.
3. Brief relevant facts for the disposal of this appeal are that on 12.11.1985 at 9.55 p.m., injured-Shri Kanhaiya Lal alongwith one Shri Kalu Lal appeared at Police Station Dadabari (Kota) and lodged an oral report to the effect that acquitted accused-Shri Brijmohan abused him whereas appellant inflicted injury to him at left side of his abdomen from behind by a knife and as a result thereof blood oozed out from the wound caused by the injury. On the basis of oral report lodged by the injured an entry was made at Rappat No.544 in the "Rojnamcha-Aam" maintained by the police station but at that time no formal FIR was registered. The injured was referred to MBS Hospital, Kota for medical examination where he was examined by the Medical Jurist on 13.11.1985 at 11.53 in the morning and his injury report was prepared. As per prosecution case lateron the injured was operated upon also on 15.11.1985 while undergoing treatment in the hospital and in this regard operation-note dated 15.11.1985 was also prepared and his injury was opined to be dangerous to life. It is to be noted that after obtaining injury report of the injured, FIR No.19/1986 was registered on 19.2.1986 for the offence under Section 324 IPC and after usual investigation charge-sheet for the offences under Sections 307, 326, 307/34, 326/34 IPC and for offence under Section 4/25 of the Arms Act was filed against the appellant and acquitted accused-Shri Brijmohan. Charge for offence under Section 307 IPC and for offence under Section 4/25 of the Arms Act was framed against the appellant and to prove the same prosecution produced oral as well as documentary evidence whereas appellant in his examination under Section 313 Cr.P.C. denied the prosecution evidence but in defence produced no evidence. The learned trial Court after considering the submissions made by both the parties and appreciating and evaluating the evidence made available on record found the appellant guilty for the offence under Section 307 IPC and Section 4/25 of the Arms Act and accordingly he was convicted and sentenced as already stated. Feeling aggrieved, the appellant is before this Court by way of this appeal.
4. In support of the appeal, learned counsel for the appellant has raised the following grounds:-
(1) As per prosecution case, incident is of 12.11.1985 at 8.00 p.m. for which oral report was lodged on the same day at Police Station Dadabari (Kota) and an entry was also made as Rappat No.544 in the Rojnamcha-Aam maintained by the police station and injured was medically examined on 13.11.1985 at 11.53 in the morning at MBS Hospital, Kota and operated upon on 15.11.1985 while undergoing treatment but even then formal FIR was registered as late as on 19.2.1986 and that too only for offence under Section 324 IPC and all these facts cast doubt on the prosecution story more particularly in view of the fact that no explanation has been furnished by the prosecution for the delay caused to register the FIR and
