- (1.) This appeal is preferred to question correctness of the judgment dated 23.8.2007 passed by the court of Additional Sessions Judge (Fast Track) No.2, Bikaner convicting and sentencing the accused appellant as under:- u/S.307 IPC life imprisonment with a fine of Rs.1000/- and in default of payment of fine to further undergo one month's additional imprisonment. u/S.326 IPC life imprisonment with a fine of Rs.1000/- and in default of payment of fine to further undergo one month's additional imprisonment. u/S.324 IPC three years rigorous imprisonment with a fine of Rs.1000/- and in default of payment of fine to further undergo one month's additional imprisonment.
(2.) The facts of the case are that on 15.3.2006 at 08:00 PM Shri Jetharam (PW-2) submitted a written report (Ex.P/2) at police station Nokha with assertion that about 06:00 PM on the same day when he was providing water to the goats to quench their thrust at his home, he went out of street on hearing some talks in high pitch. He found that Motiram was indulged in quarrel with Purkharam. Motiram then moved quite rashly to his house and brought a "barchhi", whereby he gave 2-3 blows on the head of Purkharam with an intention to kill him. An injury was also received by Asuram on his left leg, when he tried to pacify the situation. At the time of incident a huge crowd including Bagharam, Shivnarain, Puraram, Girdhariram, Rajuram etc. were present. On intervention, assailant Motiram fled to his house. Injured Purkharam and Asuram were taken to hospital. As per the report, Motiram was having illicit relations with wife of Purnaram, brother of Purkharam, and that was objected by Purkharam on several occasions. Thus, Motiram was keeping vengeance with him.
(3.) While acting upon written report police registered a case and commenced investigation. A police report then was filed, charges were framed for commission of offences punishable under Sections 307, 326 and 326 Indian Penal Code and on denial of the same trial commenced as desired.;