{"id":58409,"date":"2009-04-21T00:00:00","date_gmt":"2009-04-20T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/mohan-lal-vs-state-on-21-april-2009"},"modified":"2016-07-17T04:43:32","modified_gmt":"2016-07-16T23:13:32","slug":"mohan-lal-vs-state-on-21-april-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/mohan-lal-vs-state-on-21-april-2009","title":{"rendered":"Mohan Lal vs State on 21 April, 2009"},"content":{"rendered":"
Rajasthan High Court – Jodhpur<\/div>\n
Mohan Lal vs State on 21 April, 2009<\/div>\n
S.B. Crl. Appeal No. 275\/89                                                     1\n(Mohan lal Vs. State)\n\n     IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT\n                         JODHPUR\n\n                                  JUDGMENT\n\n                               Mohan lal   vs.    State\n\n\n                  S.B. CRIMINAL APPEAL NO. 275\/1989\n                  Against the judgment & order dt. 31.07.1989\n                  passed by Additional District and Sessions\n                  Judge No.1, Udaipur in Sessions Case No.\n                  55\/1985.\n\nDate of Order                              :        21st April, 2009\n\n                                     PRESENT\n\n                      HON'BLE MR. JUSTICE C.M. TOTLA\n\n\nMr. Manoj Pareek for the accused respondent.\nMr. Anees Bhurat, Public Prosecutor.\n\n\nBY THE COURT:<\/pre>\n
                 Accused appellant and other accused Narayan lal facing trial<\/p>\n
for the offences of Ss 307, 326 and 452 IPC IPC before the Additional<\/p>\n
District and Sessions Judge No.1, Udaipur in Sessions Case No. 55\/85 is<\/p>\n
convicted vide judgment dated 31.07.89 for the offence of Ss. 307 and<\/p>\n
326 IPC sentenced as under :-\n<\/p>\n
 S.No.               Offence                         Punishment\n             Section 307 IPC           5 years rigorous imprisonment alongwith\n                                       fine of Rs. 500\/- in default of payment of\n         1                             fine, to undergo two months R.I.\n             Section 326 IPC           3 years rigorous imprisonment alongwith\n                                       fine of Rs. 200\/- in default of payment of\n         2                             fine, to undergo two months S.I.\n S.B. Crl. Appeal No. 275\/89                                                2<\/span>\n(Mohan lal Vs. State)\n\n<\/pre>\n
                Other accused Narayan lal is acquitted of offence under Ss.<\/p>\n
307, 326 and 452 IPC.\n<\/p>\n
                Aggrieved of the above conviction and sentence, the apellant<\/p>\n
has preferred this appeal.\n<\/p>\n
                Heard learned Advocate appearing for the appellant and also<\/p>\n
learned Public Prosecutor.\n<\/p>\n
                According to prosecution one Basanti lal on 01.06.85 at 9:40<\/p>\n
PM lodged written information Ex.P\/5 at P.s. Dhanmandi, Udaipur to the<\/p>\n
effect that on 01.06.85 at about 8:35 PM, when he and his relative Gopal<\/p>\n
both, at the hotel of Nana lal, were taking tea, there came Mohan lal and<\/p>\n
his two brothers Narayan lal and Dallu and they at the gate of hotel<\/p>\n
attacked Gopal – Mohan lal taking knife like article from his pocket<\/p>\n
inflicted blow of it on left abdomen of Gopal.      As Babu lal and others<\/p>\n
intervened, the accused ran away and he first taking the injured Gopal in<\/p>\n
tempo to hospital is lodging report. Also mentioned in this report is that<\/p>\n
between father of Gopal and Mohan lal is a dispute of vacating the shop<\/p>\n
and some times earlier also, Mohan lal and his brothers have threatened.<\/p>\n
On this, registering report Ex.P\/6 FIR bearing No. 29\/85 for the offence of<\/p>\n
Ss. 324, 430 IPC, the SHO (i) inspected site on on 02.06.85 (ii) arrested<\/p>\n
appellant on 03.06.85 and other accused on 04.06.85 (iii) seized knife<\/p>\n
which was found below the shirt of Mohan lal at the time of his arrest (iv)<\/p>\n
seized blood stained shirt of injured presented by his father on 19.6.85<\/p>\n
preparing memos Ex.P\/3, 7, 11 7 13.\n<\/p>\n
 S.B. Crl. Appeal No. 275\/89                                                 3<\/span><\/p>\n
\n(Mohan lal Vs. State)<\/p>\n
                After usual investigation, the charge-sheet submitted against<\/p>\n
appellant and Narayan lal for offences of Ss. 442, 307 IPC read with 34<\/p>\n
IPC. Appellant charged for the offences of Section 326, 307, 452 IPC that<\/p>\n
he on 01.06.85 at about 8:30 PM having made preparation for causing<\/p>\n
hurt entering into hotel of Nana lal voluntarily and with intention of<\/p>\n
causing death or such injury as was likely to cause death, inflicted<\/p>\n
grievous injury to Gopal, claimed trial.\n<\/p>\n
                Among 14 prosecution witnesses, PW\/1 Gopal is injured<\/p>\n
whereas, PW\/2, 3, 4 all three alleged eye witnesses are declared hostile.<\/p>\n
PW\/4 Basanti lal though declared hostile has supported prosecution.<\/p>\n
PW\/6 Dr. Kailash Chandra who performed surgery and PW\/8 Medical<\/p>\n
Jurist examined PW\/1 and prepared report.            PW\/5 I.O. and other<\/p>\n
witnesses are of the recovery etc.<\/p>\n
                Learned Judge arrived at the conclusions that appellant<\/p>\n
inflicted severe grievous injury by knife on abdomen area – and injury of<\/p>\n
the nature as in normal course of nature to cause death, so convicted and<\/p>\n
sentenced as above.\n<\/p>\n
                Learned Advocate on behalf of appellant contended that (i) it<\/p>\n
is not clear as to who caused injury and every probability is that acquitted<\/p>\n
accused Narayan lal or other named in FIR Ballu did so (ii) material<\/p>\n
contradictions between evidence of PW\/1 and PW\/4 (iii) PW\/4 declared<\/p>\n
hostile and only on cross-examination by prosecution implicated the<\/p>\n
appellant so no part of his testimony is to be believed (v) recovery of
\n S.B. Crl. Appeal No. 275\/89                                                 4<\/span>
\n(Mohan lal Vs. State)<\/p>\n
knife not made from near the water tank where it is said to have been<\/p>\n
thrown and (v) even if appellant if found to have caused injury the same<\/p>\n
definitely was not with intention to cause grievous hurt so, the act<\/p>\n
maximum falls under Section 324 IPC.\n<\/p>\n
                Learned Public Prosecutor submitted that there is no reason<\/p>\n
to dis-believe the evidence of PW\/1 and further is the corroboration by<\/p>\n
evidence of Basanti lal PW\/4. Public Prosecutor submitted that tesitmony<\/p>\n
of injured PW\/1 is of such a nature as to be not needing any corroboration<\/p>\n
and is supported by medical evidence.         Regarding recovery of knife,<\/p>\n
submitted that even if any doubt arises, still it do not affect the<\/p>\n
prosecution.\n<\/p>\n
                Thoughtfully considered the rival arguments, perused the<\/p>\n
record and the impugned judgment.\n<\/p>\n
                Considering evidence of I.O. S.H.O PW\/5 and that of Basanti<\/p>\n
lal PW\/4, it is proved that FIR Ex.P\/5 was lodged by PW\/4 on 01.06.85 at<\/p>\n
9:40 PM.       The written report P\/5 and registered FIR Ex.P\/6 bears<\/p>\n
signature of PW\/4 who according to injured PW\/1 is his brother-in-law.<\/p>\n
Proved by the medical evidence is that at around 9:30 PM, when injured<\/p>\n
PW\/1 was examined, the injury found was of within four hours. Thus,<\/p>\n
established is the fact that FIR lodged soon after incident and getting<\/p>\n
injured admitted in the hospital.\n<\/p>\n
                At the outset, dealing with the recovery of knife and appears<\/p>\n
from evidence of I.O. PW\/5 read with recovery memo Ex.P\/13 is that
\n S.B. Crl. Appeal No. 275\/89                                               5<\/span>
\n(Mohan lal Vs. State)<\/p>\n
appellant was arrested on 3rd June in the evening for possessing a knife<\/p>\n
of the length beyond prescribed and without a license. The knife was<\/p>\n
found in his clothes. I.O. states that this recovered knife related to this<\/p>\n
incident.     However, no other fact disclosing use or relation of this<\/p>\n
recovered knife to this incident is. FIR lodger PW\/4 also a eye witness<\/p>\n
submits that knife was at near by place of incident and near small water<\/p>\n
tank which taken by police. PW\/2 Bheru lal and PW\/3 Lalchand sons of<\/p>\n
owner of Hotel Nana lal though hostile but PW\/3 speaks that knife after<\/p>\n
quarrel was lying out his hotel and who taken it he do not know, so as<\/p>\n
such this recovery neither helps prosecution nor adversely affect merits of<\/p>\n
the case.\n<\/p>\n
                PW\/4 Basanti lal states that he and Gopal went to hotel of<\/p>\n
Nana lal for taking tea where came Narayan and Mohan and either of<\/p>\n
them inflicted blow of knife to Gopal – as witness spoke about either of<\/p>\n
them inflicted knife, he was declared hostile and when confronted by FIR,<\/p>\n
straightly admitted that it was Mohan lal who taking the knife (out of his<\/p>\n
person) inflicted blow on abdominal area of Gopal. PW\/4 further states<\/p>\n
that he intervened and ran after accused to get hold of them and then<\/p>\n
Gopal was taken to hospital by him. Basanti lal PW\/4 states that both<\/p>\n
these accused in order to get the shop vacated used to threaten Gopal<\/p>\n
and his father and there came 3-4 persons but beating only by accused.<\/p>\n
As FIR is lodged by this witness PW\/4 soon after the incident and also as<\/p>\n
no reason (in relation to accused) appears for this witness to tell lie and
\n S.B. Crl. Appeal No. 275\/89                                               6<\/span>
\n(Mohan lal Vs. State)<\/p>\n
implicate appellant, there can hardly be any reason not to rely on his<\/p>\n
evidence.\n<\/p>\n
                The injured PW\/1 deposes that on June 1st at 8:30 in the<\/p>\n
evening he and Basanti lal were at the hotel of Nana lal and as he came<\/p>\n
out of hotel there came Mohan lal and two others (named) and Mohan lal<\/p>\n
inflicted blow of knife to him stabbing at his chest – in cross-examination<\/p>\n
stated that at that time Nana lal and his two workers were at hotel and as<\/p>\n
Mohan lal coming soon inflicted injury to him. Gopal PW\/1 states that<\/p>\n
other two named person kept a little out and away of shop and ran away<\/p>\n
after incident.       Evidence of injured PW\/1 is supported by medical<\/p>\n
evidence. As is observed, Basanti lal PW\/4 lodged FIR soon after the<\/p>\n
incident and PW\/4 being relative of Gopal PW\/1 had every reason to be<\/p>\n
with PW\/1.\n<\/p>\n
                Bheru lal PW\/2 and Lalchand PW\/3 both are sons of Nana lal<\/p>\n
the hotel owner. Both these witnesses are declared hostile and they have<\/p>\n
not supported the prosecution but Lal chand PW\/3 accepted that around<\/p>\n
8-9 PM just out of his shop, a quarrel occurred and so crowd gathered<\/p>\n
and lying there was a knife.      Thus, PW\/3 admits occurrence of some<\/p>\n
incident by knife.\n<\/p>\n
                PW\/8 Medical jurist deposes that on 01.06.85 he examined<\/p>\n
and prepared report of Gopal who was admitted in Ward No.10 and on<\/p>\n
his person was injury (i) stabbed wound on left side of chest at lower part<\/p>\n
costal region 3 \u00bd inch below left nipple of the dimension 3 x 1 cm cavity
\n S.B. Crl. Appeal No. 275\/89                                              7<\/span>
\n(Mohan lal Vs. State)<\/p>\n
deep with bleeding. According to Medical jurist PW\/8, the injury was x-<\/p>\n
rayed and repaired by surgery same night and as of sharp weapon, can<\/p>\n
be caused by sharp knife.       Regarding nature PW\/8 states that if not<\/p>\n
treated timely, death could have been. For other parameters PW\/8 stated<\/p>\n
that normal pulse rate is 70-80 and Blood pressure 100\/70 and int his<\/p>\n
case B.P was 92 slightly below normal. So as per these parameters,<\/p>\n
patient PW\/1 was not in dangerous condition.\n<\/p>\n
                PW\/6 treating surgeon states that about 10 PM in the night<\/p>\n
he was called for surgery and after administering anesthesia on<\/p>\n
examination the wound was found deep enough upto paritorial and on<\/p>\n
opening in the stomach found a wound of 1.5 cm curvature below which<\/p>\n
was collected blood and because of injury in normal course, possibility can<\/p>\n
be of death.       In cross-examination treating Surgeon PW\/6 states that<\/p>\n
injury was not on fatal part like heart, liver, spleen but was on stomach<\/p>\n
and can be caused by sharp knife like article.\n<\/p>\n
                PW\/8 has opined that death was possible if not timely<\/p>\n
treated and PW\/6 state that due to such injury, possibility of death can<\/p>\n
be. Considering evidence of PW\/6 and PW\/8 together, it appears that<\/p>\n
injury was dangerous but not of nature as to cause death in normal<\/p>\n
course of events. The intention and\/or knowledge of injury likely or going<\/p>\n
to be caused is to be gathered on above facts and circumstances. The<\/p>\n
injury was caused by a sharp weapon a knife and without any reason. No<\/p>\n
scuffle or any exchanges of words preceded the incident.        Thus, the
\n S.B. Crl. Appeal No. 275\/89                                                 8<\/span>
\n(Mohan lal Vs. State)<\/p>\n
appellant caused injury without any reason and almost suddenly.          The<\/p>\n
nature of article used which was a knife itself discloses knowledge about<\/p>\n
the injury going to be caused and coupled is the fact that injury was<\/p>\n
inflicted in abdomen area, this clearly establishes that appellant had<\/p>\n
intention and knowledge as well that he shall be causing grievous injury.<\/p>\n
Accordingly, is proved that appellant voluntarily and with intention and<\/p>\n
knowledge of causing grievous injury caused grievous injury by knife, a<\/p>\n
sharp article used for cutting etc. This act of appellant is a offence under<\/p>\n
Section 326 IPC.\n<\/p>\n
                Thus, appellant has rightly been convicted for the offence of<\/p>\n
Section 326 IPC. As for offence of Section 307 IPC is concerned, for the<\/p>\n
above mentioned reasons and nature of injury as discussed, the appellant<\/p>\n
is to be acquitted giving him benefit of doubt.\n<\/p>\n
                The incident is of the year 1985. It appears that appellant<\/p>\n
remained in custody from 03.06.85 to 05.06.85 and then from 31.7.89 to<\/p>\n
26.8.89 – and other acquitted brother of appellant also for some months.<\/p>\n
But injured too had received grievous abdomenal injury which had to be<\/p>\n
treated by surgery and according to injured, he remained hospitalised for<\/p>\n
11 days.      Learned trial court for the offence of Section 326 IPC has<\/p>\n
awarded 3 years R.I. and fine of Rs.250 and in default two months simple<\/p>\n
imprisonment.\n<\/p>\n
                As incident about 23 years ago obviously he has suffered<\/p>\n
mental agony for long. In the totality of circumstances, three year R.I.
\n S.B. Crl. Appeal No. 275\/89                                                  9<\/span>
\n(Mohan lal Vs. State)<\/p>\n
seems to be on the higher side and a sentence of one year R.I with fine of<\/p>\n
Rs. 10,000\/- seems to be appropriate. Accordingly, the appeal is decided.<\/p>\n
                Thus, the appeal is decided.   Allowing appeal partly, the<\/p>\n
conviction and sentence of appellant Mohan lal by learned Additional<\/p>\n
District and Sessions Judge No.1, Udaipur in Sessions case 55\/85 as per<\/p>\n
judgment dated 31.7.89 – is partly set aside and sentence altered as<\/p>\n
under :-\n<\/p>\n
(i) Conviction for the offence of Section 326 IPC       is maintained and<\/p>\n
   reducing sentence, the appellant for this offence is sentenced to one<\/p>\n
   year R.I. and fine of Rs. 10,000\/-, in default of payment of fine to<\/p>\n
   undergo six months rigorous imprisonment.\n<\/p>\n
(ii)conviction and sentence of offence under Section 307 IPC is set aside.<\/p>\n
                Appellant is on bail. He be arrested and sent to prison to<\/p>\n
serve out the remaining sentence.\n<\/p>\n<\/p>\n
                                                      (C.M. TOTLA), J.<\/p>\n","protected":false},"excerpt":{"rendered":"
Rajasthan High Court – Jodhpur Mohan Lal vs State on 21 April, 2009 S.B. Crl. Appeal No. 275\/89 1 (Mohan lal Vs. State) IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT Mohan lal vs. State S.B. CRIMINAL APPEAL NO. 275\/1989 Against the judgment & order dt. 31.07.1989 passed by Additional District and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,19],"tags":[],"class_list":["post-58409","post","type-post","status-publish","format-standard","hentry","category-high-court","category-rajasthan-high-court-jodhpur"],"yoast_head":"\nMohan Lal vs State on 21 April, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/mohan-lal-vs-state-on-21-april-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Mohan Lal vs State on 21 April, 2009 - 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