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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

JUDGMENT

SB Criminal Appeal No. 62/1995

(Mir Singh & Anr. Versus The State of

Rajasthan)

Date of Judgment

::

19^th May, 2015

HON'BLE MR. JUSTICE MAHESH CHANDRA SHARMA

Mr. Rinesh Gupta, counsel for the accused

appellants

Mr. Rishiraj Singh, P.P. for the State

This appeal has been filed by the

appellants against the judgment and order

dated 24.1.1995 passed by Addl. Sessions

Judge, Behror, District Alwar, in Sessions

Case No. 133/1992 (25/1989), whereby accused

appellants have been convicted and sentenced

as under:

Accused appellant Mir Singh:

Convicted for the offence under section 307

IPC and sentenced to undergo 7 years' RI with

a fine of Rs. 500/-; in default of payment of

fine, to further undergo 3 months' SI

Convicted for the offence under Section 324

IPC also and sentenced to undergo 1 years' RI

with a fine of Rs. 100/-; in default of

payment of fine, to further undergo 1 month's

SI

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Accused appellant Jile Singh:

Convicted for the offence under Section 323

IPC and sentenced to undergo 6 months' RI with

a fine of Rs. 100/-; in default of payment of

fine, to further undergo 15 days' SI.

Brief facts of the case are as under:

“On 28.5.1989 at about 7.00 some

altercation took place in which Mahaveer

received injuries and accused appellant Mir

Singh also received the injuries. The parcha

bayana of injured Mahaveer was recorded,

wherein he mentioned that at 7.00 PM when he

was keeping the cycle, then accused appellant

Mir Singh asked him not to keep the cycle at

that place. He replied that it is the joint

property and he will keep the cycle there.

Upon that Mir Singh caused two injuries by

knife: one was on the back and another on the

left side of the body. Against Jile Singh the

allegation was that he had gun and from the

But side, he pushed the same on the body of

injured Mahaveer. On the basis of said

Parcha Bayan, FIR came to be registered

against the accused appellants for the offence

under

Sections

307

IPC.

Thereafter

investigation was started and on completion of

investigation, the police filed challan

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against the accused appellants before the

Magistrate

concerned.

Thereafter

the

Magistrate committed the case to the Court of

Sessions, who transferred the case to Addl.

Sessions Judge for trial. The trial court

framed charges against the accused appellant

Mir Singh under Section 307 and 324 of IPC and

against appellant Jile Singh under Section 323

IPC, who denied for the same and claimed for

trial. Thereafter the prosecution produced 12

witnesses and got exhibited some documents.

The statement of the accused appellants were

recorded under Section 313 CrPC. After hearing

both the sides, the learned trial court has

passed the judgment and order dated 24.1.1995

convicting and sentencing the accused

appellants, as indicated here-in-above.”

Against the said judgment and order

passed by the trial court, the appellants have

filed the instant appeal.

At the very out-set, learned counsel

for the appellants has contended that the

trial court while passing the impugned

judgment/order has not properly appreciated

the statement of Dr. Rajkumar Mishra PW-6 and

PW-5 Dr. Harish Malhotra. He has further

contended that the accused appellants have

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been falsely implicated in this matter. He has

drawn the attention of this Court on para no.

11 of the judgment/order of the Court below,

wherein the statement of Dr. Harish Malhotra,

PW-5 has been mentioned, which is reproduced

as under:

"प.ड. 5 डकर हररश मलहत क कथन ह कक उनहन दनक

29.5.1989 क महवर क प क एक-र डकर आर.क .

ममश क पत#वन पर उनक$ तनगरन म& करवय ज)म दहन

ईड म& प म& ग न)र आई| पत#वन पश+ प-2 उनक दर

म-ख गय ह ज) पर उक हस#कर ह| एकर प- पश+ प 2

ए पर भ उनक हस#कर ह #थ इ पर उनक$ रय म-ख गय

ह