- (1.) Aggrieved by the judgment dated 15.3.2007, the appellant, Jagdish, has filed two appeals before this court, one a Jail Appeal, namely D.B. Criminal Jail Appeal No.746/14, and another a regular appeal, namely D.B. Criminal Appeal No.1612/07. Meanwhile, aggrieved by the same judgment, the State of Rajasthan has filed D.B. Criminal Appeal No.1826/07. By judgment dated 15.3.2007, the learned Additional Sessions Judge (Fast Track), Jhalawar, had convicted the appellant, Jagdish, for offences under Sections 302, 324 IPC and for offence under Section 4/25 Arms Act. By an order of even date, the learned Judge had sentenced him as under:- U/2. 302 IPC: Life imprisonment, imposed him with a fine of Rs. 2000/- and directed him to undergo a further sentence of three months of simple imprisonment in default thereof. U/s. 324 IPC: Two years of rigorous imprisonment, imposed him with a fine of Rs. 500/- and directed him to undergo a further sentence of fifteen days of simple imprisonment in default thereof. U/s. 4/25, Arms Act: One year rigorous imprisonment, imposed him with a fine of Rs. 200/- and directed him to undergo a further sentence of seven days of simple imprisonment in default thereof.
(2.) On the other hand, the learned Judge has acquitted the accused, Pooranmal, of offences under Sections 302 and 307 IPC. Therefore, while Jagdish has filed his two appeals, the State of Rajasthan has filed an appeal against the acquittal of Pooranmal. Since these appeals arise out of the same impugned judgment, they are being decided by this common judgment.
(3.) Succinctly, the case of the prosecution is that on 26.3.2006, Surendra Kumar (P.W.20) recorded a Parcha Bayan (Ex.P.31) of Rameshwar (P.W.4) at the S.R.G. Hospital at Jhalawar. The parcha Bayan when translated into English reads as under:- "The incident has happened today on 26.3.2006 at :00 AM. I, my grand-mother, Shanti Bai, and my grand-father, Manak Chand, had gone to the temple, built by Nagar Seth, for worshiping. At that time, Jagdish S/o. Pooranmal, by caste Mali, r/o. Nagar Seth Ji Ka Kund, Near Tempo Station, Jhalarapatan, came and attacked me with a knife. I tried to protect myself. In this process, I was injured in my left arm. My grand-mother, Shanti Bai, rushed to my rescue. Jagdish struck her with a knife in her stomach. My grand-mother fell down then and there. Jagdishs father Pooranmal had also come to assault us. Radha Bai and my grand-father, Manak Chand, tried to save us. But Jagdish pushed them and ran away. My grand-father, Manak Chand, Radha Bai, and other persons brought us to the Government Hospital. From there, we were referred to the Jhalawar hospital. But my grand-mother has expired due to the injuries caused by Jagdish.";