GARG, J. - (1.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 15. 7. 87 passed by learned Additional Sessions Judge, Rajsamand in Session Case No. 39/86 whereby the learned Additional Sessions Judge convicted the accused appellant for offence under Sec. 307 I. P. C. and has sentenced him as under:- Offence Sentence awarded U/sec. 307 I. P. C. 7 years' R. I. and a fine of Rs. 1000/- in default to further undergo 3 months' R. I.
(2.) THIS appeal arises in the following circumstances: (i) On 23. 5. 86 at about 12. 45 a. m. P. W. 4 Prithvi Singh lodged an oral report with the Police Station Devgarh, Udaipur before P. W. 12 Ram Singh stating that P. W. 7 Bhan Singh (injured) and the accused appellant were his relative and the accused appellant used to do the job of labour in Ahmedabad and his wife Jamni used to live in village Chatarpura with his mother-in-law and the accused appellant used to visit that village after 3 to 4 months. P. W. 7 Bhan Singh had a camel and used to bring woods on it and for that he used to charge Rs. 20/- per fera. Before 2 months back, Jamni wife of the accused appellant asked P. W. 7 Bhan Singh to bring woods and he brought the woods for that he demanded Rs. 40/-, but jamni did not pay him and upon this some altercation took place between wife of the accused appellant and P. W. 7 Bhan Singh and further more between wife of accused appellant and wife of injured Bhan Singh i. e. Tulsi P. W. 6 over this matter and when before 10 to 12 days back, when the accused appellant came from Ahmedabad, his wife Jamni reported this matter, upon this he became angry and on the relevant day ie. on 22. 5. 86 he stabbed a knife on the back of PW. 7 Bhan Singh and further he wanted to give another blow which was stopped by P. W. 7 Bhan Singh on his hand. At that time, P. W. 8 Gaji Singh, P. W. 5 Kanna Singh P. W. 9 Mool Singh, P. W. 2 Panna & P. W. 1 Prem Singh were also there. On this report, police chalked out regular FIR Ex. P/11 and started investigation. During investigation, the accused appellant was arrested through Fard Ex. P/2 on 26. 5. 86 by P. W. 3 Abhay Singh and as per the information Ex. P/3, a knife was also recovered from the possession of the accused appellant through Fard Ex. P/4 in presence of motbirs P. W. 4 Prithvi Singh and P. W. 1 Prem Singh. P. W. 7 Bhan Sigh was got medically examined by P. W. 10 Dr. Rajesh Gupta and as per injury report Ex. P/10 P. W. 7 Bhan Singh received two injuries and out of the two injuries, injury NO. 1 was caused by sharp edged weapon and according to P. W. 10 Dr. Rajesh Gupta, it was grievous one. After usual investigation, a challan for offence under Sec. 307 was presented against the accused appellant in the Court of Magistrate from where the case was committed to the Court of Additional Sessions Judge, Rajsamand.
(3.) THAT on 12. 1. 87, the learned Additional Sessions Judge framed charge for offence under Sec. 307 I. P. C. against the accused appellant who pleaded not guilty and claimed trial. During trial, 12 witnesses have been produced by the prosecution and thereafter statement of accused under Sec. 313 Cr. P. C. was recorded and no evidence was led in defence. After the conclusion of the trial, the learned Additional Sessions Judge vide his judgment and order dated 15. 7. 87 convicted the accused appellant for offences under Sec. 307 and sentenced him as stated above holding that: (i) By giving one blow of knife, the accused has committed offence under SEc. 307 I. P. C. as he had intention to murder PW. 7 Bhand Singh and thus convicted and sentenced the accused appellant for offence under Sec. 307 I. P. C. as stated above. ;