[2026:RJ-JP:16239-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Appeal No. 32/2020 Vaseem S/o Shri Kalwa, Aged About 24 Years, R/o House No. 279, Shakti Colony, Aamagarh, Police Station Transport Nagar, Jaipur Raj.

(At Present In Central Jail Jaipur)

----Accused/Appellant Versus State Of Rajasthan, Through P.p.

----Respondent For Appellant(s) : Mr. Govind Prasad Rawat For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL HON'BLE MR. JUSTICE BHUWAN GOYAL

Judgment

17/04/2026 (Per Hon'ble Mahendar Kumar Goyal, J.)

Under challenge in the appeal is the judgment dated

05.07.2018 passed by the learned Additional Sessions Judge No.14, Jaipur Metropolitan (Raj.) (for brevity ‘the learned trial court’) in Sessions Case No. 2/2014 whereby, the accused- appellant (for short “appellant”) has been convicted and sentenced as under:-

1. Section 323 IPC:- Six months’ simple imprisonment and fine of Rs. 500/-;in default whereof, three days’ additional imprisonment.

2. Section 302 IPC:- Life imprisonment and fine of Rs. 10,000;

in default whereof, three months’ additional imprisonment.

3. Section 384 IPC:- Three years’ rigorous imprisonment and fine of Rs.5,000/-;in default whereof, two months’ additional imprisonment.

All the sentences to run concurrently.

The relevant facts in brief are that Mohd. Amir (PW-6)- the injured eye witness, submitted a written report dated 27.11.2013 (Ex.P1) stating therein that on that very day, when at about 1.00 PM, he, along with his brother-Sher Mohammed, was playing cards behind RAC quarters, a boy came and introduced himself as Vaseem. After watching the game for some time, he threatened him with a knife and was compelled to cough up a sum of Rs. 1500/-. It was further alleged that while trying to extort money from Sheru, he stabbed Sheru resulting into protruding of intestines, who, at present, was under treatment in the SMS Hospital. Based thereupon, an FIR No. 411/2013 came to be registered at Police Station, Galta Gate, Jaipur (North) for the offences under Sections 307, 384 & 323 IPC. On account of death of Sher Mohammned during investigation, Section 302 IPC was introduced. After investigation, the appellant was charge-sheeted under Sections 302, 384 & 323 IPC whereunder, charges were also framed against him. After trial, he has been convicted and sentenced, as supra.

Assailing the impugned judgment, learned counsel for the appellant, inviting attention of this Court towards the contents of the Parcha Bayan as also the statement of Mohd. Amir (PW-6)- the informant, contended that since, the incident occurred at spur of the moment without any premeditation and the allegation against him is of inflicting a single blow, the case would not travel beyond the scope of Section 304 Part I IPC. He submitted that since the appellant has already served the sentence of more than 12 years and 4 months, the substantive sentence be reduced to the period already undergone. He, therefore, prayed that the appeal be partly allowed in aforesaid terms.

Per contra, learned Public Prosecutor, opposing the submissions, contended that findings of the learned trial Court are based on appreciation of cogent evidence on record which warrant no interference. He submitted that the appellant is a habitual offender and he had stabbed the deceased with knife with such an intensity and gravity in order to extort money that proved to be fatal. Learned Public Prosecutor submitted that in view thereof, the learned trial Court did not err in recording finding of guilt of the appellant, inter-alia, under Section 302 IPC. He, therefore, prayed for dismissal of the appeal.

Heard. Considered.

From the medico legal report of the deceased Sher Mohammed (Ex.P37), which was proved by Dr. Bhagwan Sahai (PW-19), it is reflected that he received a stab incised wound of size 5.5 cm X 2.5 cm placed at mid part of abdomen near umbilicus and found the gut loops and omentum coming out from the wound margins of which wer