Banwari Lal Sharma, J. - (1.) - This appeal is directed against the judgment of conviction and order of sentence dated 07.11.1990 passed by the learned Sessions Judge, Jodhpur in Sessions Case No.90/1988, titled as the Azizudeen @ Bakia v. The State of Rajasthan , whereby appellant-accused was convicted for the offence under Sections 307, 326 and 324 IPC and was sentenced as under:- U/s. 307 IPC: 21/2 years' rigorous imprisonment together with fine of Rs.50/-, in default whereof to further undergo one month's rigorous imprisonment. U/s.326 IPC: Two years' rigorous imprisonment. U/s.324 IPC: One year's rigorous imprisonment.
(2.) All the sentences were ordered to run concurrently. It was also ordered that the period for which appellant remained in custody during investigation and trial, shall be set off from the principal sentence.
(3.) The brief facts of the case are that on 05.05.1988, at about 12.20 p.m., Ratan Singh (PW-10), ASI, Police Station Sadar Bazar, went to Mahatma Gandhi Hospital, Jodhpur on some information and recorded the statement (Ex.P/6) of complainant-injured Mahendra Singh (PW-5) in which it was alleged that he was working as LDC in the Municipality, Jodhpur in Revenue Section and was a member of encroachment removal team. It was further stated that appellant-accused Azizudeen was also working as labour on daily wages in the said team. On 04.05.1988, at about 6.00 p.m., when he was going to his house, Azizudeen was standing on the way and on being asking to go away, he abused him, also slapped and threatened him. It was further alleged that on 05.05.1988, at about 10.30 a.m., when he was working in his office, appellant-accused came there with knife and inflicted knife blows, which hit him on the spinal-chord and on the neck. On being injured, he fell down and some other colleagues intervened due to which he (Azizudeen) ran away and he (injured) was taken to the hospital.;