HAZARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated May 29, 1990, passed by the Additional Sessions Judge, Chittorgarh, by which the learned Additional Sessions Judge acquitted the accused-appellant Hazari under Sections 397 and 307, I.P.C. but convicted him under Sections 326, 325, 324, 323 and 342, I.P.C.

(2.) The incident, which led to the prosecution of the applleant Hazari took-place in the intervening night between January 8/9, 1989. The report of the incident was lodged by Pratap Singh at the Police Station, Akola (district Chittorgarh) that he and Hazari used to reside together in the house of Kanhaiya Lal Mahajan. Yesterday, he received Rs. 3637/-, out of which he made payment of Rs. 1230/-and the remaining amount was lying with him. Out of the remaining amount, Hazari took-away Rs. 2000/- from his pocket and, also, inflicted injury with an axe and Dhariya on his person. On the basis of this information, the case under Sections 323, 324, 342 and 379, I.P.C. was registered and the police, after necessary investigation, presented the challan against the accused-appellant under Sections 323 and 342, I.P.C. in the Court of the Additional Munsif and Judicial Magistrate, Kapasan, who committed the case to the Court of the Sessions Judge, Chittorgarh. The learned Additional Sessions Judge, on June 21, 1989, framed a charge under Section 307, I.P.C. against the accused-appellant, but the learned trial Court, during trial, mentioned in the Judgment that actually the appellant was charged for the offences under Section 397 and not under Section 307, I.P.C. The learned Additional Sessions Judge, therefrom, treating the charge under Section 397, I.P.C, after trial, acquitted the appellant under Section 397 as well as under Section 307, I.P.C, but convicted the appellant under Sections 326, 325, 324, 323 and 342, I.P.C. The learned Additional Sessions Judge sentenced the appellant under Section 326, I.P.C. for the three years' rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo three months rigorous imprisonment; Under Section 325, I.P.C. the appellant was sentenced for two years' rigorous imprisonment and a fine of the Rs. 300/- and in defaulf of payment of fine to further undergo two months' rigorous imprisonment; under Section 324, I.P.C, the appellant was sentenced for six months rigorous imprisonment and a fine of Rs. 200/- and in default of payment of fine to further undergo one month's rigorous imprisonment; under Section 323, I.P.C, the appellant was sentenced to undergo three months' rigorous imprisonment and a fine of Rs. 100/- and in default of payment of fine to further undergo 15 days' rigorous imprisonment and under Section 342, I.P.C, the appellant was sentenced to undergo three months' rigorous imprisonment and a fine of Rs. 100/-, and in default of payment of fine to further undergo fifteen days' rigorous imprisonment. It is against this order/judgment that the present appeal has been filed by accused Hazari.

(3.) I have heard the learned Counsel for the accused-appellant and the learned Public Prosecutor.