Rajasthan High Court - Jodhpur
Manak Chand vs State on 17 February, 2011
Author: Vineet Kothari
Bench: Vineet Kothari
S.B.CRIMIANL APPEAL NO.390/2007-Manak Chand vs. State of Rajasthan
Judgment dt: 17/2/2011
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
JUDGMENT
Manak Chand vs. State of Rajasthan
S.B.CRIMIANL APPEAL NO. 390/2007
DATE OF JUDGMENT : 17th February 2011
PRESENT
HON'BLE DR.JUSTICE VINEET KOTHARI
Mr.J.S.Khichi, for the appellant.
Ms.Chandra Lekha, P.P.
BY THE COURT:
1. Heard learned counsel for the appellant and learned Public Prosecutor for the State.
2. This appeal is directed against the order dated 1/5/2007 passed by the learned Addl. Sessions Judge (Fast Track) No.1, Hanumangarh, whereby, the accused appellant was convicted for the offence under Section 307 IPC and sentenced to three years RI and fine of Rs.5000/- and in default of payment of fine to further undergo one month's RI.
3. The brief facts of the case are that on 2/8/2005 at about 2.25 pm ASI Asu Singh recorded a Parcha Bayan of injured Bablesh S.B.CRIMIANL APPEAL NO.390/2007-Manak Chand vs. State of Rajasthan Judgment dt: 17/2/2011 2/3 Kumar at the Govt. Hospital, Hanumangarh, wherein, he stated that he is running a provision store at ward no.6, in which, he also runs a STD/PCO and in the morning at about 9.00 am the accused appellant came to his shop and abused him and again at about 12 noon he came there and alleged that he had molested his wife, so he called his wife Santara and explained her everything then she made the accused understood and both of them went out of the shop and sit in front of their house nearby. Thereafter, at about 1.00 pm he closed his shop and was about to leave for his house for lunch and soon he started his scooter, accused Manak Chand came towards him and caused a knife blow in his stomach with the intention to kill him. Upon this Parcha Bayan, police registered a case under Section 307, 323, 341 IPC against accused appellant and his family members and after investigation police filed challan in the court of learned Chief Judicial Magistrate, Hanumangarh from where the case was committed to the Court of Sessions.
4. The learned trial court after considering the evidence on record and the statement of witnesses found the accused guilty of the offence under Section 307 IPC and sentenced him as aforesaid.
5. Learned counsel for the appellant, at the outset, submitted that the accused appellant has already served out the sentence of three years awarded to him & therefore, the present appeal has now become S.B.CRIMIANL APPEAL NO.390/2007-Manak Chand vs. State of Rajasthan Judgment dt: 17/2/2011 3/3 infructuous and, therefore, he does not press the same on merits.
6. From the perusal of record it is clear that the appellant is in custody since 9/8/2005. The application for suspension of sentence filed by the accused appellant was allowed by the coordinate bench of this Court on 23/5/2007 but from the office report it is revealed that the bail bonds were not furnished by the appellant and, therefore, he could not be released on bail.
7. Learned Public Prosecutor Ms.Chandra Lekha also does not dispute this position.
8. Accordingly, the present appeal is dismissed as having not pressed. Since the accused appellant Manak Chand has served out the sentence, he may be released forthwith, if he is not required in any other case.
(DR.VINEET KOTHARI), J.
item no. 6 baweja/-