STATE OF RAJASTHAN Vs. BANWARI LAL

JUDGEMENT

(1.) Leave granted.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 6/5/2015 passed by the High Court of Judicature for Rajasthan at Jaipur in S.B. Criminal Appeal No. 36/1993, by which the High Court has partly allowed the said appeal and while maintaining the conviction of respondent no.1 herein for the offence under Sec. 307 IPC, has reduced the sentence from three years rigorous imprisonment to the period already undergone by him in confinement (44 days), and so far as the accused - Mohan Lal is concerned, the High Court has not interfered with the order of the trial Court convicting him under Sec. 324 IPC, and releasing him on probation under Sec. 360 Cr.P.C., the State has preferred the present appeal.

(3.) That the respondents herein and others were tried by the learned trial Court for the offences under Ss. 147, 148, 149, 447 and 323 IPC and also under Sec. 307 IPC (so far as accused Banwari Lal - respondent no.1 herein is concerned). Respondent No.1 herein - Banwari Lal was tried for the offence under Sec. 307 IPC for having caused grievous injuries on the skull/middle of the head of the injured person - Phool Chand. That the injured Phool Chand sustained one lacerated wound of size 10 x 1 cms bone deep extending up to brain membrane in the centre of the skull and the bone was emerging out. He also sustained other injuries.