- (1.) Having ruthlessly assaulted Manak with a sword, having been convicted for offence under Section 307 IPC, having been sentenced to ten years of rigorous imprisonment, having been fined Rs. 5,000/- and having been directed to serve a further period of three months of rigorous imprisonment in default therein, and having been convicted for offences under Sections 324, 323, 341 and 427 IPC and having been sentenced to different terms of imprisonment, the Appellant has; sought mercy from this-Court by filing this appeal against the judgment dated 23.7..2008, passed by the Addi-tional Sessions Judge (Fast Track) No. 1, Jaipur District Jaipur.
(2.) Briefly the facts of the case are that on 10.12.2006, one Arvind Puri (PW-3) submitted a written report to Om Prakash, ASI (PW-5) at 2:05 a.m. at 2 DE ward of SMS Hospital, Jaipur. According to the complainant, on 09.12.2006, at 9 o'clock at night, he along with Ravi Bhati, Rajesh Sharma, Manak Sharma, Narendra Singh had gone to attend the reception of Ajay Meena's brother, Sanjay Meena, behind the Le Meridian Hotel at Kukas near Jaipur. When they were returning from the reception in their Maruti car, a Qaulis car sped beyond their car and stopped in front. From the back, a Gypsy, being driven by Pooran Meena, the Appellant herein, came and collided with the Maruti car. Pooran Meena, Jimmy, Chuchu, Mahesh Saini, Dinesh Vijayvargiya alighted from two cars and pulled the complainant and his companions out of the Maruti car. According to the complainant, the assailants were armed with sword, iron rod, and revolver. Pooran Meena had a sword in his hand, while Jimmy had a revolver in his hand, and Chuchu had an iron rod (Sariya) in his hand. The assailants segregated the party; while Jimmy kept most of the party away from Manak, Manak was separated from the party. The complainant farther alleged that Pooran assaulted Manak with a sword on his left hand, on his left thigh, on his neek, on his right hand, on the left side of the stomach. Thinking that Manak had died, they kicked his body,and threw him on the side. He further alleged that Jimmy not only took Rs. 4,000/-, but also took away the gold chain from Manak. He further alleged that both Chuchu and Jimmy assaulted the rest of the party whereby Ravi Bhati suffered injuries on his hand. Lastly, he alleged that one of the assailants, who were running away, threatened the party that in case they were to depose against them, they would meet the same fate as Manak. On the basis of the said report, a FIR, FIR No. 548/2006, was chalked out for offences under Sections 143,427,323, 341, 307, 379 IPC; the investigation commenced.
(3.) After a thorough investigation, the police submitted charge-sheet coaly against three persons, namely the present Appellant, Pooran Singh, Vinay Pal Singh alias Jimmy and Chandan Singh Sekhawat alias Gajju for offences under Sections 147, 323, 341, 326, 307, 427 IPC. However, during the course of charge arguments, the learned trial court discharged Chandan Singh of all the offences and continued the trial only against Vinay Pal Singh and the present Appellant. In order to buttress its case, the prosecution examined nine witnesses and submitted twenty nine documents. The defence examined two witnesses and submitted seven documents. After going through the oral and documentary evidence, the learned trial court acquitted Vinay Pal Singh of all the offences except for offence under Section 341 IPC and imposed a fine of Rs. 500/- upon him. It further directed that in case the fine of Rs. 500/- could not be paid, then Vinay Pal Singh was to undergo one month of simple imprisonment. Meanwhile, it convicted the present Appellant for offence under Sections 307 and sentenced him as aforementioned. It also convicted him for offence under Section 324 and sentenced him to one year of rigorous imprisonment, for offence under Section 323, and sentenced to six months of simple imprisonment, for offence under Section 341, he was imposed with the fine of Rs. 500/-and in default thereof to undergo one month simple imprisonment. Lastly, he was convicted for offence under Section 427 and was sentenced to three months simple imprisonment. Hence, this appeal before this Court.;